Syracuse Personal Injury Law Blog

In Medical Malpractice Case Arising from Pelvic Surgery, New York Appellate Court Says Summary Judgment to Defendants Was Proper

Published on: February 27, 2019 | By Jeff DeFrancisco

In a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove four separate and distinct elements: that the defendant healthcare provider owed a certain standard of care to the plaintiff patient, that this duty was breached, that the plaintiff suffered damages, and that the defendant’s breach of the duty of care was the proximate cause of the plaintiff’s damages.

The plaintiff must provide expert testimony as to each of these elements. In the absence of such proof, the plaintiff’s case will fail, and judgment will be entered for the defendant.

Facts of the Case

In a recent case, the plaintiff was a woman who filed a medical malpractice lawsuit against the defendant medical providers, claiming that she had suffered personal injuries due to the defendants’ negligence in performing pelvic surgery. In response, the defendants submitted evidence that they alleged showed that the plaintiff’s injury was due to a known risk that could occur even with competent surgical care. The Supreme Court of New York County granted the defendants’ motion for summary judgment, thereby dismissing the plaintiff’s complaint.

New York Appellate Court Says Medical Malpractice Case Should Not Have Been Dismissed, Despite Failure to Depose Doctor According to Discovery Schedule

Published on: February 25, 2019 | By Jeff DeFrancisco

Filing a Syracuse medical malpractice lawsuit is a complex endeavor that requires strict compliance to a great many procedural rules. While there may be limited instances in which compliance with a particular requirement may be excused under the circumstances of a given case, this is by far the exception rather than the rule. The burden is usually on the plaintiff not only to prove his or her case but also to convince the court that an exception should be made if a deadline was missed or another procedural rule was not complied with.

Facts of the Case

In a recent case, the plaintiff was the administratrix of the estate of a woman who allegedly died due to the negligence of the defendant hospital. The plaintiff filed a medical malpractice and wrongful death lawsuit against the defendant, and the trial court entered an order setting forth the discovery obligations of the parties. Although a particular doctor’s deposition was supposed to have taken place by a certain date, this apparently did not happen. Thereafter, the defendant filed a motion to dismiss the plaintiff’s complaint pursuant to New York Consolidated Laws, Civil Practice Law and Rules 3126(3). The Supreme Court for New York County entered an order granting the defendant’s motion and dismissing the plaintiff’s complaint. The plaintiff sought review from the intermediate appellate court of New York.

New York Appellate Division Grants Summary Judgment to Hospital in Case Alleging Bedsore Was Caused by Medical Negligence

Published on: February 20, 2019 | By Jeff DeFrancisco

Medical malpractice is rampant in New York and elsewhere in the country. However, unless an injured person (or the estate of a deceased patient) files a timely complaint for medical negligence and is able to offer proof from a competent medical expert witness regarding the standard of care and the defendant doctor or hospital’s deviation therefrom, the injured person or his or her family will not be able to recover monetary compensation.

Thus, it is very important to talk to a knowledgeable New York medical malpractice lawyer as soon as possible if you suspect that you or a loved one has been the victim of negligence by a medical professional.

Facts of the Case

In a recent case, the plaintiff was the administrator of a woman who developed a severe sacral decubitus ulcer (i.e., a pressure ulcer or “bedsore”) while under the care of the defendant hospital. According to the plaintiff’s complaint, the development of the ulcer was due to the defendant’s negligence. The defendant, however, claimed that the decedent’s ulcer was unavoidable under the circumstances and filed a motion seeking summary judgment as to the plaintiff’s medical malpractice claim against it.

New York Appellate Court Reinstates Labor Law Claim in Construction Accident Lawsuit

Published on: February 13, 2019 | By Jeff DeFrancisco

Syracuse construction accident lawsuits can be challenging. They typically involve multiple parties and multiple theories of liability. It is important to have quality legal representation if you have been hurt on a job site due to the negligence of a property owner, general contractor, or subcontractor.

Facts of the Case

In a recent case appealed from the Supreme Court of Niagra County, New York, the plaintiff was a man who fell through a hole in a subfloor while performing framing work on a residential construction project. At the time of his injury, the plaintiff was working for a separate contractor, who was not a party to the lawsuit.

The plaintiff filed suit against the defendants, the owner of the property and a contractor who worked on the project, asserting a claim based on common law negligence and alleged violation of New York Labor Law §§ 200, 240(1), 241(6). The plaintiff filed a motion for summary judgment as to the defendants’ liability on some of his claims. The defendants filed cross motions for summary judgment.

New York Court Reverses Summary Judgment, Holding that Driver Who Had Right-of-Way Might Still be Partially at Fault in Crash

Published on: February 1, 2019 | By Jeff DeFrancisco

Sometimes, a Syracuse automobile accident case seems very simple at first. If one driver runs a stop sign and causes an accident, that driver – and only that driver – is at fault, right?

Unfortunately, things are not always as they seem, especially when it comes to motor vehicle accident litigation. This is especially true when it comes to multi-car accidents and the resolution of issues pertaining to comparative negligence.

Facts of the Case

In a recent case, the plaintiffs were two individuals who were injured in a multi-vehicle crash. They filed separate lawsuits naming several other drivers as defendants. One driver (and his father, who owned the vehicle he was driving when the accident occurred) filed motions for summary judgment in the plaintiffs’ respective cases. As grounds, they averred that they could not be held liable for the plaintiffs’ damages because the defendant driver had the right-of-way at the time of the accident. According to the defendants’ view of the case, the conduct of another driver, who allegedly ran a stop sign, was the sole proximate cause of the accident.

Summary Judgment in Failure-to-Diagnose Stroke Case Reversed by New York Appellate Court

Published on: January 31, 2019 | By Jeff DeFrancisco

With the vast knowledge of the internet readily at our fingertips, it can be tempting these days to attempt to self-diagnose an illness or medical condition based on the particular symptoms that we have. However, we quickly learn that our symptoms may result from a wide array of medical conditions – a persistent headache could indicate anything from simple dehydration to a brain tumor.

That’s why a sensible person who is experiencing medical issues goes to an expert – a doctor or a hospital, depending on the severity of the symptoms. Unfortunately, many New York medical malpractice cases are filed annually due to the failure of these so-called medical professionals to correctly diagnose or treat a patient’s medical condition.

Facts of the Case

A recent appellate case heard in the Supreme Court of New York, Appellate Division, Fourth Judicial Department involved a medical malpractice claim made by a man who was seen by several different healthcare providers over an 11-day period in 2008. During this time, the plaintiff was told that he had sinusitis and an ear infection, among other things. When the plaintiff’s primary care physician finally saw the plaintiff, he immediately recognized the signs and symptoms of a stroke. The plaintiff sued several doctors and medical clinics, seeking monetary compensation for injuries he allegedly sustained due to their negligence in failing to properly diagnose and treat his medical condition.

New York Appellate Division Affirms Summary Judgment to Doctor in Otolaryngology Malpractice Lawsuit

Published on: January 28, 2019 | By Jeff DeFrancisco

New York medical malpractice lawsuits can involve many different types of injury to the body – even wrongful death. One recent case involved a claim brought by a woman who believed that she had suffered loss to her hearing and other injuries due to her doctor’s allegedly negligent treatment of an ear infection.

Unfortunately, both the trial court and the appellate court sided with the woman’s doctor, finding that no actionable medical negligence had occurred.

Facts of the Case

A case recently considered by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, involved a medical malpractice claim brought by the plaintiff patient against the defendant doctor seeking compensation for hearing loss that the plaintiff allegedly suffered due to the defendant’s negligent prescription of a certain medication to treat an ear infection. The plaintiff further averred that the defendant had failed to instruct her properly as to the administration of the drug at issue.

New York Appellate Court Grants Summary Judgment to Defendant in Slip and Fall Case

Published on: January 23, 2019 | By Jeff DeFrancisco

Slip and fall accidents are all too common. A business may neglect to clean up snow and ice in a timely fashion, or an area grocery store may have an employee who doesn’t clean up a spill after being told to do so. These and many other scenarios can lead to a Syracuse premises liability lawsuit. Like other negligence actions, the plaintiff must be able to prove that the defendant breached a legal duty to him or her and that this was the proximate cause of his or her personal injuries in order to prevail at trial.

This can be a difficult proposition, especially if the allegedly dangerous condition was only present for a short time. Having effective legal representation can help improve the plaintiff’s chances of success on the merits of his or her claim.

Facts of the Case

The plaintiff in a recent case was a woman who sought monetary compensation for personal injuries she suffered during a slip and fall accident on the premises of an apartment building. She filed suit against the defendants, the owners of the building, seeking payment for her medical expenses, pain and suffering, and other damages resulting from the fall. According to the plaintiff, her fall occurred due to the wet condition of a staircase at the building, and the defendants either knew about the condition or, in the exercise of due diligence, should have known about it.

New York Court Reverses Spoliation Sanctions Against Medical Center Following Alleged Malfunction of Opioid Medication Pump

Published on: January 16, 2019 | By Jeff DeFrancisco

It is not unusual for a New York medical malpractice lawsuit to evolve into multi-faceted litigation involving several defendants and multiple theories of liability. For instance, a medical negligence lawsuit against a doctor or hospital could, under certain circumstances, grow to include a possible product liability lawsuit against the maker of an allegedly defective medical device.

Facts of the Case

In a case recently ruled upon by the New York Supreme Court, Appellate Division, Fourth Judicial Department, the plaintiffs were a former medical patient and the patient’s husband. According to their complaint, filed in the Supreme Court of Niagara County, the patient was admitted to the defendant medical center for surgery in 2008. After her surgery, the patient was given a patient-controlled analgesia infusion pump that allowed her to self-administer pain medication with the push of a button. The pump was supposed to have a “maximum dosage” feature, but, after using the pump without incident for several hours, the patient suffered an adverse medical event that necessitated her receiving an emergency opioid-reversing medication and being transferred to intensive care for additional treatment.

The plaintiffs filed suit in 2011, seeking compensation for the alleged negligence and medical malpractice of the defendant medical center and others. In an amended complaint, the plaintiffs sought monetary damages from the manufacturer of the pump, but that litigation stagnated because the medical center could not identify which of the 12 pumps it possessed was the pump that allegedly harmed the plaintiff. Eventually, the trial court dismissed the complaint as to the manufacturers, but the appellate court reversed that decision. On remand, the plaintiffs moved for sanctions against the medical center for spoliation of the pump. The trial court granted the plaintiffs’ motion for an adverse inference charge at trial as a sanction for its spoliation of evidence. The medical center appealed.

New York Court Allows Plaintiff in Car Accident Case to File Otherwise Untimely Claim Based on “Relation Back”

Published on: January 4, 2019 | By Jeff DeFrancisco

Timeliness is very important in a New York automobile accident case. If a claim is not filed within the statute of limitations, there is a strong likelihood that it will be dismissed by the court on procedural grounds.

However, there are a few – a very few – exceptions to this general principle. One of these exceptions is based on a doctrine known as “relation back,” under which a late-filed claim can be “dated” as if it were filed earlier. However, this doctrine only applies to claims relating to a lawsuit that has already been timely filed.

Facts of the Case

In a recent case, the New York Court of Appeals was called upon to consider the various issues arising in three consolidated actions filed as a result of multi-vehicle accident that occurred in 2011. The accident happened when a vehicle (in which several employees of a certain business were riding) stalled on a bridge. That car was struck from behind by a second car, which was then hit by a third car. One of the passengers in the first car died from injuries suffered in the wreck.