Many medical procedures carry some degree of risk, but the benefits often outweigh the potential for harm. In some instances, though, complications arise due to errors during a surgical procedure that fall outside of the known risks, and in such cases, they often constitute grounds for pursuing medical malpractice claims.…
Syracuse Medical Malpractice and Personal Injury Lawyer Blog
New York Court Discusses Vicarious Liability in Medical Malpractice Cases
When people suffer harm due to incompetent medical care, it is often the result of negligence. In some instances, the failings of more than one party contributed to the injured patients’ harm, and each negligent party may be deemed responsible. For example, a hospital may be liable for the carelessness…
Court Examines the Statute of Limitations in New York Medical Malpractice Cases
The law affords people harmed by the incompetence of their doctors the right to seek compensation in medical malpractice claims. Pursuant to New York law, though, they must do so within a certain time frame; otherwise, they will waive their right to recover damages. In a recent New York case,…
New York Court Discusses Medical Malpractice Cases with Disputed Facts
In medical malpractice cases, the parties will often disagree regarding the circumstances surrounding the plaintiff’s harm. Factual disputes typically must be resolved via trial. In other words, if a party asks the court to grant judgment in their favor as a matter of law based on a disputed fact, it…
New York Court Discusses Motions in Limine in Medical Malpractice Cases
Healthcare providers accused of committing malpractice are typically reluctant to admit liability. In medical malpractice cases in which it is clear that the plaintiff suffered harm due to inadequate medical care, the defendant may attempt to shift blame to a third party to avoid liability. Whether a defendant should be…
New York Ruling Shows the Impact of a Party’s Death in a Medical Malpractice Case
Under New York law, not only can a person harmed by an incompetent healthcare provider seek compensation in a medical malpractice lawsuit, but their spouse can pursue claims against the provider as well. If either party dies before the matter is resolved, however, the surviving party must move to substitute…
Pedestrian Texting – Hazardous Activity?
Walk down any street in any city, big or small, and you’ll see people walking across the street, into crosswalks, onto roadways, through parking lots with moving traffic, and along sidewalks, never looking up from their cell phones as they text or email. Worse, there have been numerous YouTube videos…
Why You Should Get A Second Medical Opinion
Did you know you are not required to accept the first medical diagnosis you receive? You shouldn’t. According to one study, only 12% of second-opinion patients left with confirmation that the original diagnosis was correct. This means that nearly 90% of patients have a new or improved diagnosis. Call our…
Benign Paroxysmal Positional Vertigo
Benign paroxysmal positional vertigo (BPPV) is caused by a complication in your inner ear. Small calcium stones exist in your inner ear canals to aid in balance. When these stones are displaced due to head trauma, you may experience severe dizziness or vertigo. The precise cause of this displacement is…
Failure to Diagnose Mononucleosis (Epstein-Barr Virus)
Mononucleosis (mono) is also known as the kissing disease and the Epstein-Barr virus. It is spread through saliva. You can get it from kissing, but you can also get it from sharing a glass or food utensils with someone who has it. Mononucleosis, on the other hand, is not as…