Syracuse Personal Injury Law Blog

New York Appellate Court Affirms $1 Million Verdict in Hospital Negligence Lawsuit

Published on: May 30, 2019 | By Jeff DeFrancisco

About two out of five Americans take at least one prescription medication these days. While most of these medications are at least somewhat beneficial to the patient taking them, each comes with a list of possible side effects.

When a patient is admitted to a hospital, personnel should be careful to note all medications taken by the patient, including the dosage of these prescription drugs. Follow up with the patient’s family and/or pharmacy should also be made in many cases.

If this is not done and personal injury or wrongful death befalls the patient as a proximate result, the patient or his family may have a Syracuse medical malpractice or hospital malpractice claim.

New York Court Refuses to Give Adverse Inference Instruction to Jury for Defendant’s Alleged Spoliation of Evidence in Medical Malpractice Lawsuit

Published on: May 23, 2019 | By Jeff DeFrancisco

The plaintiff in a Syracuse medical malpractice case has the burden of proving each and every element of his or her case.

Oftentimes, the plaintiff must obtain much of the evidence of his or her claim from one or more of the defendants against whom he or she has filed suit.

Acknowledging that a defendant may have an incentive to hide or destroy evidence in order to avoid a finding of liability, New York law gives trial courts the authority to impose harsh sanctions for spoliation of evidence.

New York Appellate Court Rules that Summary Judgment Should Have Been Entered in Car Accident Case

Published on: May 15, 2019 | By Jeff DeFrancisco

In a Syracuse automobile accident lawsuit, the plaintiff must be able to prove that the driver against whom a claim is filed was negligent in some manner.

In order to prove negligence, the plaintiff has to prove that the defendant breached a duty of care that was owed to him or her and that the plaintiff was damaged as a proximate result.

If the plaintiff is unable to make a prima facie showing of negligence, it is likely that the defendant driver will file a motion for summary judgment. Unless there are genuine issues of material fact to be resolved at trial, the court may rule that the defendant is entitled to judgment as a matter of law.

New York Mall Owner Was Not Entitled to Summary Judgment on Storm-in-Progress Defense to Premises Liability Claim

Published on: May 8, 2019 | By Jeff DeFrancisco

In the state of New York, landowners and business operators owe certain duties to those who come upon their property for a business purpose, such as a shopper going to a mall to make a purchase.

A Syracuse premises liability lawsuit can result when a business patron is injured because a property owner did not act in a reasonably prudent manner and this resulted in physical harm to an invitee.

If the person who is injured on business property is able to prove that his or her injuries were due to the defendant’s negligence, he or she may be entitled to substantial financial compensation. However, it is important to note that there are deadlines for filing a claim in such cases, and claims not filed in accordance with the time set by law are usually deemed to have been waived.

Summary Judgment to Hospital in Medical Malpractice Suit Based on Failure to Timely Diagnose Was Reversible Error According to New York Appellate Court

Published on: April 26, 2019 | By Jeff DeFrancisco

In some Syracuse medical malpractice lawsuits, the allegation is that a defendant doctor or hospital failed to make a correct diagnosis within a reasonable amount of time under the circumstances.

A delay in treating a medical condition can result in significant harm and even death to a patient.

When a patient is able to prove a claim of medical negligence, he or she may request that the jury award money damages for medical expenses, lost earnings, pain and suffering, and other losses caused by the defendant’s failure to abide by the applicable standard of care.

Malpractice Lawsuit Filed by Doctor’s Family Can Proceed Against Dialysis Center, Says New York Appeals Court

Published on: April 26, 2019 | By Jeff DeFrancisco

A Syracuse medical malpractice case can affect many different types of people and their families.

Even a medical doctor can be the victim of an act of medical negligence, when that doctor is a patient relying upon the advice of others.

Of course, in such a case, it is likely that those accused of malpractice will try to turn the blame around on the victim – even if the defendants’ alleged negligence cost the victim his life.

New York Court Upholds Dismissal of Malpractice Claim As Untimely

Published on: April 22, 2019 | By Jeff DeFrancisco

When it comes to personal injury and wrongful death litigation, time is of the essence. If a New York medical malpractice lawsuit is not filed on within the statute of limitations, it has very little chance of ever being considered upon its merits.

There may be other deadlines that require strict compliance, as well. Taking too long to seek legal redress can result in a summary dismissal of a case that might otherwise have been very winnable – and worth a substantial sum of money to a malpractice victim and his or her family – had it been timely filed.

For this reason, it is extremely important that anyone who believes he or she has been suffered harm due to medical negligence seek legal advice as soon as possible.

New York Court Denies Summary Judgment to Common Carrier in Injured Passenger’s Negligence Lawsuit

Published on: April 16, 2019 | By Jeff DeFrancisco

In a Syracuse personal injury lawsuit based on a theory of negligence, the plaintiff has the burden of proof. This means that he or she must be able to provide evidence sufficient to convince the jury, by a preponderance of the evidence, to the existence of each and every element of his or her case.

The elements of negligence include duty, breach of duty, damages, and causation.

If the plaintiff’s evidence fails as to any one of these elements, he or she cannot recover money damages against the defendant. Continue Reading ›

Summary Judgment Partially Granted and Partially Denied in New York Woman’s Case for Injuries Caused by Neighbors’ Dogs

Published on: April 2, 2019 | By Jeff DeFrancisco

Dog bites can cause serious harm, potentially triggering a Syracuse personal injury lawsuit. In most personal injury cases, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant owed him or her a legal duty, that this duty was breached, that the plaintiff was harmed, and that the defendant’s breach of duty was the proximate cause of the plaintiff’s injuries. In a case involving a dog bite injury, however, the usual rules do not apply. Rather, under New York law, a dog’s owner will not be held to be “negligent,” even if his or her dog bites another person and causes serious personal injury.

Instead, the law of strict liability applies – but, only if the dog has either been previously adjudicated as a dangerous animal or if the victim can prove that the dog had a dangerous tendency to bite (and that the owner knew this.) If the owner is held strictly liable, he or she must pay both the human victim’s medical expenses and the veterinary costs if another animal was involved.

Facts of the Case

A recent case arising from the Supreme Court of Erie County, New York, involved an encounter between the plaintiff and her dog and two dogs owned by the defendants. According to the plaintiff, she was walking her dog when the defendants’ dog approached them. One of the defendants’ dogs only sniffed at the plaintiff’s dog, but the other dog allegedly came toward them at a full run and began biting the plaintiff’s dog. The plaintiff, in turn, lost her balance, fell over one of the dogs, and fractured her arm.

New York Court Denies Plaintiff’s Request to Vacate Judgment of Dismissal, Noting Her Two and a Half Year Delay in Seeking Relief

Published on: March 26, 2019 | By Jeff DeFrancisco

In a Syracuse medical malpractice lawsuit, time is of the essence. Not only is it prudent to contact attorney as soon as you suspect that an act of medical negligence has taken place, it is imperative that all paperwork be filed in a timely fashion. This includes not only the initial complaint for damages but also other documentation that is required as the case progresses. Failure to act within the time allowed by law can result in dismissal of what might otherwise have been a successful claim for damages.

Facts of the Case

In a recent case, the plaintiff was a former patient of the defendant medical providers. In 2013, the plaintiff filed suit against the defendants, asserting a claim for podiatric malpractice in relation to surgical treatment that the defendants had performed upon the plaintiff. Two months later, the defendants’ attorney submitted demands for a bill of particulars to the plaintiff’s attorney. The defendants also requested authorizations permitting them to access the plaintiff’s medical records. The plaintiff’s attorney refused to provide the information and documents sought by the defendants, and, eventually, the defendants filed a motion to dismiss the plaintiff’s complaint.