Syracuse Personal Injury Law Blog

New York Appellate Division Affirms Denial of Summary Judgment in Medical Malpractice Wrongful Death Suit

Published on: June 29, 2019 | By Jeff DeFrancisco

In a Syracuse medical malpractice case, the plaintiff is usually the person who was the victim of a doctor or hospital’s negligence. However, sometimes an act of medical negligence is so severe that it results in a patient’s death.

In such a situation, there is still the possibility of a lawsuit against the responsible medical provider. However, the procedure is more complex than if the patient himself or herself was available to pursue monetary compensation.

Typically, it is the personal representative of the estate of the deceased medical negligence victim who brings suit in such a situation. This may or may not be a family member of the deceased individual (although any proceeds will likely go to the victim’s family members).

Summary Judgment to Doctor in Medical Practice Lawsuit is Affirmed by New York Appellate Court

Published on: June 25, 2019 | By Jeff DeFrancisco

Pursuing fair compensation for an act of medical negligence involves many steps. In addition to the filing of a Syracuse medical malpractice lawsuit, there is the discovery phase of litigation, which is typically followed by the filing of motions for dismissal by the allegedly negligent doctors or hospital.

If the case survives this step, the next phase is trial, followed (in many cases) by an appeal.

Because medical malpractice lawsuits can be very lengthy and time-consuming, it is important to that a person who has been hurt by a careless doctor or other medical provider contact an experienced attorney as soon as possible.

New York Appeals Court Agrees that Parents Should Have Been Given Leave to File Late Notice of Child’s Birth Injury Medical Malpractice Claim

Published on: June 19, 2019 | By Jeff DeFrancisco

Those who have suffered personal injuries or a loved one’s wrongful death have only a limited time in which to file a Syracuse medical malpractice lawsuit. This includes situations in which the victim of the alleged medical negligence is a minor child. If your family has been hurt by a doctor or hospital, an experienced medical malpractice attorney can help you get started on your case, but you must take the first step by setting up a consultation.

Facts of the Case

In a recent appeals court case, the plaintiffs were the parents of a minor child who allegedly suffered injuries during her birth at a city hospital owned and operated by the defendant. The plaintiffs sought to file suit in the Supreme Court, Bronx County, to seek for the child’s injuries via a motion for leave to file a late notice of claim. The defendant resisted the plaintiffs’ motion, urging the trial court to deny the relief sought by the plaintiffs. The trial granted the motion for leave, and the defendant appealed.

The Appeals Court’s Decision

The New York Supreme Court Appellate Division for First Department affirmed the lower court’s ruling. According to the appellate court, the lower tribunal’s decision to grant the plaintiffs leave to file a late notice of claim within the discretion of the trial court. Although the defendant pointed out that the plaintiffs have failed to set forth a “reasonable excuse” for their delay in filing a timely claim, the appellate court found that this was not fatal to the plaintiffs’ case under the circumstances. According to the court, the plaintiffs had met their burden by showing that the defendant was aware – and had actual knowledge – of the “essential facts constituting the claim” within the time period set forth under New York statutory law for the filing of claims such as the one at bar. Because the defendant had knowledge of these facts within the requisite time, it would not be prejudiced in defending the case on its merits.
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New York Worker’s Labor Law Claim for Injuries Suffered While Replacing Light Strands Failed Because the Work Was Maintenance, Not Repair

Published on: June 11, 2019 | By Jeff DeFrancisco

When someone is hurt on the job, there are several possible legal remedies. Depending upon the situation, a Syracuse construction accident claim may be a viable option.

A claim for workers’ compensation benefits is another possibility, as is a labor law claim in some instances.

Talking with an experienced personal injury attorney can help you get started on the process of holding the responsible party accountable for your medical expenses, lost earnings, and other compensable losses.

New York Woman’s Termination for Cause Unrelated to Car Accident Means Her No-Fault Insurer Owed Her No Lost Wages

Published on: June 5, 2019 | By Jeff DeFrancisco

Although New York is a “no fault” state for the purposes of automobile accident liability, this does not mean that a negligent driver can never be held accountable for the injuries of a person hurt in a crash. To the contrary, if someone sustains serious injuries in a New York car accident, he or she may be able to seek compensation from the negligent driver for damages such as lost wages, medical expenses, and pain and suffering.

Even if the no-fault threshold is not met, the injured person may have other options, including a claim against his or her own insurance company or, possibly, a claim against his or her employer’s disability insurance company.

Facts of the Case

In a recent appellate court case, the plaintiff was a woman who brought suit against the defendant insurance company in the Supreme Court of Greene County, New York, seeking no-fault lost wage benefits. The plaintiff had been involved in a 2013 car accident that left her unable to work for an unspecified amount of time. She took a leave of absence from her employment and received short-term disability benefits from her employer’s insurer. However, the plaintiff was later terminated from her employment due to her alleged failure to comply with her employer’s leave of absence guidelines.

New York Appellate Court Reverses Summary Judgment to Medical Provider in Patient’s Malpractice Lawsuit

Published on: May 31, 2019 | By Jeff DeFrancisco

In a Syracuse medical malpractice case, the plaintiff has the burden of proving that he or she suffered personal injury as a proximate result of the defendant’s negligence.

Medical negligence cases are often filed against doctors, but they may also be filed against other healthcare providers, including hospitals and other facilities.

It is not unusual for the defendant in a medical negligence case to file what is called a “motion for summary judgment” in an attempt to have the trial court dismiss the claim against it on the basis that it is entitled to judgment as a matter of law. If a trial court grants summary judgment to the defendant, the plaintiff has the option of asking the appellate court to review that decision.

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.