When dealing with any health issues it is imperative to obtain an accurate diagnosis and proper treatment in a timely manner. A doctor’s failure to promptly diagnose and treat a person’s illness or condition can result in severe detriments and may sadly lead to a person’s premature death. In cases…
Syracuse Medical Malpractice and Personal Injury Lawyer Blog
New York Court Explains Application of Frye Test in Medical Malpractice Cases
Expectant parents rely on their obstetricians and gynecologists to protect the health of their unborn child and to ensure the child is delivered safely. Unfortunately, ob-gyns do not always provide adequate care, which can cause a child to sustain devastating and permanent injuries during birth. In the majority of cases,…
New York Court Reverses Verdict Finding No Surgical Malpractice as Against the Weight of the Evidence
In most surgical malpractice cases, the plaintiff will elect to have a jury decide whether the defendant doctor should be held liable for the plaintiff’s harm. Juries do not always assess liability accurately, however, and in some cases, a jury will issue a verdict that is in opposition to the…
Court Discusses Appropriate Venue in New York Medical Malpractice Cases
In most cases, as the plaintiff is the party that commences a lawsuit, he or she chooses the venue in which an action will be heard. In certain instances, however, the defendant can move for a change of venue, which the court may grant if it finds that the forum…
New York Court Discusses When a Failure to Diagnose Proximately Causes Harm
If you suffered damages due to your doctor’s failure to diagnose or treat an illness, connecting your doctor’s inadequate care to your harm is essential to present a successful case. This was illustrated in a case recently ruled upon by the appellate division of the Supreme Court of New York,…
NY Court Discusses What Constitutes a Doctor-Patient Relationship in an Orthopedic Malpractice Case
One of the essential elements of any medical malpractice claim is a doctor-patient relationship. While in most instances, whether a doctor-patient relationship exists is not disputed in some cases the status of the relationship between the injured party and the physician that allegedly caused the injured party harm is not…
New York Court Discusses Parameters of Continuous Treatment Doctrine in Failure to Diagnose Malpractice Case
Under New York law, a plaintiff who wishes to pursue a medical malpractice claim arising out of a doctor’s negligent failure to diagnose and treat the plaintiff in an appropriate time frame must file a lawsuit within two years and six months of the date of the alleged harm. While…
New York Court Addresses Scope of Informed Consent
Any time a person needs to undergo a surgical procedure, the doctor performing the procedure is required to obtain the person’s informed consent. In other words, the doctor must explain to the person the risks, benefits, and potential outcomes of the surgery, and obtain consent from the person to proceed…
New York Court Explains Proximate Cause in Hospital Malpractice Case
There are several elements an injured party must establish to successfully prove a hospital malpractice claim. Thus, even if a person can show a hospital breached the standard of care, the breach may not be actionable if it did not result in any harm. this was illustrated in a case…
New York Court Discusses Reduction of Liability Based on Proportion of Fault in Multi-Defendant Malpractice Case
When a patient is provided the wrong medication or the wrong dosage of a properly prescribed medication it may result in significant harm and in some cases, death. Often times multiple care providers will be responsible for administering the wrong dosage of medication to a plaintiff. In such cases, New…