Losing weight is hard. Many people yo-yo diet for decades, ending up heavier than when they began. Many people suffering from obesity have turned to bariatric surgery to lose weight, including procedures such as gastric bypass, gastric sleeve, and lap band surgeries. These bariatric procedures have many risks involved and…
Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Bacterial Meningitis – The Dangers of Misdiagnosis
Bacterial meningitis is a rare but potentially fatal disease. Several types of bacteria can cause an upper respiratory tract infection and then travel through the bloodstream to the brain. The disease can also occur when certain bacteria invade the meninges directly. Bacterial meningitis can cause stroke, hearing loss, and permanent…
Failing to Diagnose Deep Vein Thrombosis (DVT) May Give Rise to a Malpractice Claim
The majority of patients trust their doctors to correctly diagnose their medical conditions and provide adequate treatment. Unfortunately, in some cases, medical professionals fail to properly diagnose a medical condition. One medical condition that is often misdiagnosed is deep vein thrombosis (DVT). Deep vein thrombosis (DVT) is a condition that…
Court Examines Grounds for Setting Aside a Jury’s Verdict in a New York Personal Injury Case
Typically, parties in a personal injury case will rely on jurors to assess the evidence presented and determine issues of fault and damages. Although jurors are not legal professionals, they are expected to issue verdicts that align with a reasonable evaluation of the evidence. If a jury fails to meet…
New York Court Discusses Grounds for Precluding Expert Testimony in Medical Malpractice Cases
Medical malpractice cases are typically a battle between the party’s experts. As such, if the court prohibits a plaintiff’s expert from testifying, it can greatly impair their ability to establish liability. In some instances, though, a plaintiff may be able to successfully argue that their expert was improperly precluded from…
New York Court Examines Issues of Fact in Medical Malpractice Cases
It is not uncommon for more than one doctor to perform surgery on a patient. If the patient subsequently suffers harm due to mistakes made during the procedure, the surgeon in charge of the patient’s care may be deemed liable for medical malpractice, even if other doctors participated in the…
New York Court Discusses Authority to Preside Over Medical Malpractice Claims
Medical malpractice claims are complex, and in most instances, it is prudent for victims of medical negligence that wish to pursue claims against their healthcare providers to seek the assistance of an attorney. It is not necessary for a plaintiff in a medical malpractice case to be represented by counsel,…
Court Examines the Relation Back Doctrine in New York Medical Malpractice Cases
Pursuant to New York law, parties pursuing wrongful death claims against negligent healthcare providers must comply with the applicable statute of limitations. Generally, the courts will dismiss claims filed outside of the statutory period. There are exceptions, though, that allow for the tolling of the statute of limitations, such as…
New York Court Discusses Grounds for Granting a Motion for Change of Venue in a Medical Malpractice Case
Generally, a plaintiff in a medical malpractice lawsuit has the right to designate the venue for the case in the initial pleading. The right is not boundless, however, and there are several grounds upon which a defendant can seek a change of venue. Recently, in an opinion delivered by a…
New York Court Declines to Exercise Federal Jurisdiction Over Medical Malpractice Claims
While it is prudent for people who want to pursue civil claims to seek the assistance of an attorney in most instances, medical malpractice cases are especially complex, and the decision to proceed pro se often negatively impacts a plaintiff’s rights. The ramifications of pursuing medical malpractice claims without an…