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Syracuse Medical Malpractice and Personal Injury Lawyer Blog

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New York Court Explains Notice Requirements in Medical Malpractice Claims Against Public Corporations

Under New York law, there are strict deadlines that people who wish to pursue medical malpractice claims must abide by, and the failure to file necessary documents or pleadings within the specified time frame can be fatal to a plaintiff’s claim. For example, if a plaintiff wants to pursue medical…

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New York Court Discusses Grounds for Seeking a Motion to Vacate a Judgment in a Medical Malpractice Case

During a medical malpractice trial, the parties will typically present all of the evidence in their favor and ask the jury to make decisions regarding issues like liability and damages. Juries do not always come to conclusions plaintiffs want them to, however, and plaintiffs that receive unfavorable verdicts may ask…

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New York Court Discusses Issues of Material Fact in Medical Malpractice Cases

A plaintiff’s burden of proof in New York medical malpractice cases is clearly established. Specifically, in order to impose liability on a health care provider, a plaintiff must prove that the defendant provider departed from the appropriate standard of care and the divergence proximately caused the plaintiff to suffer harm.…

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Court Discusses New York Laws Barring Personal Liability in a Medical Malpractice Case

Generally, people harmed by negligent medical care in New York can pursue medical malpractice claims against the individuals that caused their injuries. There are some exceptions, though, that essentially bar the imposition of personal liability against certain parties. For example, New York law prohibits parties from seeking to recover damages…

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New York Court Discusses Expert Reports Sufficient to Meet a Defendant’s Burden of Proof in Medical Malpractice Cases

Health care practitioners accused of medical malpractice will often seek dismissal of the claims against them though a motion for summary judgment. In most cases, the courts will only grant a motion for summary judgment if the defendant submits an expert report sufficient to meet their burden of proof. As…

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Court Explains the Evidence Needed to Establish Medical Malpractice Under New York Law

Under New York law, medical malpractice claims are comprised of two elements. In other words, a plaintiff in a medical malpractice lawsuit must not only show that the defendant departed from the customary practice of medicine but also that the departure caused the plaintiff to suffer harm. If the plaintiff…

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New York Court Explains Elements of a Lack of Informed Consent Claim

When a doctor recommends a treatment to a patient, they must not only inform the patient of its benefits but also of any potential complications or side effects that may arise. Additionally, the doctor must advise the patient of other treatment options that are available. If a physician fails to…

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New York Court Discusses Timely Service of Medical Malpractice Complaints

Oftentimes, patients admitted to hospitals are treated by a number of doctors. As such, if they suffer harm due to medical negligence, the identity of each of the responsible treatment providers may not immediately be ascertainable, and the plaintiff will name the unknown provider as John Doe in the complaint.…

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Court Explains a Defendant’s Burden of Proof in New York Medical Malpractice Cases

It is not uncommon for a defendant in a medical malpractice case to ask the court to dismiss the plaintiff’s claims in their entirety. While the courts should only grant such a request if it is clear that there is no factual dispute as to whether the defendant violated the…

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