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Syracuse Medical Malpractice and Personal Injury Lawyer Blog

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Court Discusses Substitution of Parties in Medical Malpractice Cases

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…

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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,…

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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…

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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,…

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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…

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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…

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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…

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