Syracuse Medical Malpractice and Personal Injury Lawyer Blog

Court Explains Statute of Limitations in New York Medical Malpractice Cases

Published on: November 21, 2023 | By DeFrancisco & Falgiatano

Incompetent medical care often causes significant injuries and, in some instances, can tragically lead to fatal harm. While the surviving family members can pursue claims against the responsible physicians, they must act promptly; otherwise, they may lose the right to recover damages, as illustrated in a recent New York opinion. If you lost a loved one due to negligent medical care, it is smart to meet with a Syracuse medical malpractice lawyer to discuss your rights.

Case Background

Allegedly, the plaintiff initiated legal action as the proposed administratrix of the estate of the decedent. However, at the time of filing on February 1, 2023, the plaintiff had not yet obtained letters of administration, rendering her without the standing to sue, as required under New York law. The complaint alleged negligence and violations of the Public Health Law, specifically referencing personal injuries, pain and suffering, and loss of enjoyment of life resulting from the defendant’s acts or omissions. The defendant raised the statute of limitations defense, asserting that the action was time-barred.

Statute of Limitations in New York Medical Malpractice Cases

Upon reviewing the complaint, the court acknowledged that it adequately alleged a cause of action for negligence and a violation of a statutorily conferred right in the Public Health Law. However, the court addressed the statute of limitations defense, noting that the causes of action for wrongful death and medical malpractice were time-barred. The court noted that the relevant statutes provide a two-year statute of limitations for wrongful death and a two-year and six-month statute of limitations for medical malpractice. Continue Reading ›

New York Court Discusses the Impact of Victim Funds on Medical Malpractice Claims

Published on: November 6, 2023 | By DeFrancisco & Falgiatano

Catastrophic events can expose people to toxins that cause skin cancer, lung disease, and other health concerns. Regardless of whether a person develops an illness due to environmental factors or such illnesses are about by other issues, though, it is anticipated that a doctor will be able to identify and treat the illness in a timely manner. Doctors who fail to do so may be liable for malpractice. As discussed in a recent New York case, though, if a person harmed by medical malpractice recovers compensation from a Victim Compensation fund for the same harm, it may compromise their civil claims. If you sustained injuries due to a delayed diagnosis, it is in your best interest to confer with a Syracuse medical malpractice lawyer promptly.

History of the Case

Allegedly, the plaintiff initiated an action on October 12, 2021, alleging medical malpractice and lack of informed consent against the defendants. The plaintiff, a Train Operator for MTA New York City Transit, claimed exposure to toxic dust during the September 11, 2001 terrorist attacks caused malignant skin cancer diagnosed in January 2021. The plaintiff filed a compensation application with the September 11th Victim Compensation Fund (VCF), stating exposure to the toxic dust during the attacks and later when train service resumed.

It is reported that the plaintiff argued that the defendant’s failure to biopsy a cheek lesion resulted in a delayed diagnosis and treatment, which was distinct from the VCF claim. The defendants moved to dismiss, asserting the plaintiff’s VCF application waived the right to civil litigation due to the attack-related injuries. Continue Reading ›

New York Court Discusses the Standard of Care in Medical Malpractice Cases

Published on: October 23, 2023 | By DeFrancisco & Falgiatano

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. In a recent New York ruling issued in a medical malpractice case, the court explained what evidence is necessary to demonstrate a genuine factual dispute as to whether the defendant deviated from the standard of care. If you were injured during a negligently performed procedure, it is wise to confer with a Syracuse medical malpractice attorney about your rights.

Factual and Procedural Background

Reportedly, the plaintiffs alleged that the defendants inadvertently perforated the decedent’s artery during a peripheral arterial procedure, which subsequently resulted in the decedent experiencing a cardiac arrest, seizure, and stroke. As such, the plaintiffs filed a medical malpractice lawsuit against the defendants. While the defendants’ expert acknowledged that they had inadvertently passed a wire through the decedent’s renal artery, puncturing the kidney, the parties’ experts disagreed on whether this perforation of the renal artery constituted a departure from the standard of medical care. The defendants moved for summary judgment, and the trial court granted their motion. The plaintiff then appealed.

Demonstrating a Departure from the Standard of Care in Medical Malpractice Cases

The court reversed the trial court’s ruling on appeal. In doing so, it explained that in a medical malpractice case, the burden falls on the plaintiff to demonstrate that the defendant deviated from accepted medical practice and that this deviation proximately caused the plaintiff’s injury. Continue Reading ›

New York Court Discusses Vicarious Liability in Medical Malpractice Cases

Published on: October 8, 2023 | By DeFrancisco & Falgiatano

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 of its physician under a theory of respondeat superior. A hospital will only be deemed liable for the acts of a doctor under certain circumstances, however, as discussed in a recent New York ruling. If you sustained losses due to the careless acts of a medical professional, you may be owed compensation, and you should speak with a Syracuse medical malpractice lawyer.

Procedural and Factual History of the Case

Allegedly, the plaintiff husband suffered complications following a prostate surgery performed at the defendant hospital by the defendant doctor. The plaintiffs then filed an action against the defendants, seeking damages for medical malpractice and lack of informed consent. The defendant hospital moved for summary judgment, seeking to dismiss the part of the complaint, alleging that it was vicariously liable for the medical malpractice of the defendant doctor. The trial court denied the motion, after which the defendant hospital moved for leave to reargue the motion.

It is reported that the plaintiffs opposed the motion for leave and renewed their original opposition to the defendant hospital’s motion for summary judgment. Regardless, the court granted the defendant hospital leave to reargue. Following reargument, the court effectively reversed its prior decision and granted summary judgment in favor of the defendant hospital. The plaintiff then appealed. Continue Reading ›

Court Examines the Statute of Limitations in New York Medical Malpractice Cases

Published on: September 29, 2023 | By DeFrancisco & Falgiatano

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, the court explained what the statute of limitations requires for medical malpractice claims. If you were harmed by incompetent medical care and you want to learn more about your rights, it is smart to consult a Syracuse medical malpractice attorney.

Case History

It is reported that in June 2021, the plaintiff filed a lawsuit against the defendant, alleging claims of medical malpractice and wrongful death. The complaint alleged that the decedent had been a patient at the hospital in 2015 and 2016 and passed away on June 23, 2018. The defendant moved to dismiss the complaint, asserting that it was time-barred. In support of its motion, the hospital presented unchallenged evidence indicating that the plaintiff’s family member was last admitted to the hospital in December 2017. The trial court granted the defendant’s motion, and the plaintiff appealed.

The Statute of Limitations in New York Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in cases where the statute of limitations is at issue, the defendant must first establish, prima facie, that the time for commencing the action has expired. If this burden is met, it then shifts to the plaintiff to raise a question of fact regarding whether the statute of limitations was tolled or otherwise inapplicable or if the action was genuinely initiated within the applicable limitations period. Continue Reading ›

New York Court Discusses Medical Malpractice Cases with Disputed Facts

Published on: September 4, 2023 | By DeFrancisco & Falgiatano

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 is likely that their request will be denied, as shown in a recent New York ruling. If you or someone you love suffered losses due to inadequate medical care, you may be able to recover damages in a medical malpractice lawsuit, and you should speak to a Syracuse medical malpractice attorney.

Factual and Procedural History of the Case

It is reported that the decedent called 911 due to suspected stroke symptoms and was transported to the defendant hospital. During the ambulance ride, EMS providers noted a worsening of his symptoms and issued a stroke alert to the defendant hospital. Upon arrival at the hospital, the decedent underwent a CT scan and was assessed by the defendant emergency room physician and the defendant neurologist. Both doctors found that his symptoms did not warrant the administration of a medication used to dissolve clots.

Allegedly, the decedent’s condition deteriorated, and he was eventually admitted to the hospital. Tragically, he was found unresponsive early the next morning and was diagnosed with a pontine stroke, leading to locked-in syndrome. Brennan passed away three years later. The plaintiff filed a lawsuit against the defendant asserting medical malpractice and wrongful death claims, arguing that the defendant’s failure to administer the drug to dissolve clots led to the decedent’s death. The defendants moved for summary judgment, which the court granted. The plaintiff appealed. Continue Reading ›

New York Court Discusses Motions in Limine in Medical Malpractice Cases

Published on: August 11, 2023 | By DeFrancisco & Falgiatano

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 permitted to offer evidence of third-party negligence at trial is typically within the discretion of the trial court, as discussed in a recent New York ruling. If you were harmed by a negligent healthcare provider, it is wise to meet with a trusted Syracuse medical malpractice attorney to determine what claims you might be able to pursue.

The Plaintiff’s Claims and Defendants’ Affirmative Defenses

It is reported that the plaintiff underwent treatment at hospitals owned by the defendants. The plaintiff alleged that the defendant’s employee’s negligence in diagnosing and treating his spinal infection caused him to become a quadriplegic. Prior to trial, the plaintiff filed motions in limine asking the court to preclude the defendants from presenting certain evidence relating to the negligence of non-parties and to strike supplemental bills of particulars submitted by the defendants, which supported their affirmative defenses that third parties caused or contributed to the plaintiff’s harm. The court granted the plaintiff’s motions, and the defendants appealed.

Appealability of Motions in Limine

On appeal, the court agreed with the defendants that the pretrial orders in question were appealable as of right. The court explained that while orders ruling on motions in limine are generally not immediately appealable, there is a distinction between orders limiting the admissibility of evidence and those limiting legal theories of liability or trial scope, which are appealable. Here, the subject limited the theories of liability, preventing defendants from presenting evidence or arguments based on CPLR article 16 defenses related to nonparty providers’ negligence, making them appealable. Continue Reading ›

New York Ruling Shows the Impact of a Party’s Death in a Medical Malpractice Case

Published on: August 5, 2023 | By DeFrancisco & Falgiatano

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 an appropriate representative. If they fail to do so, their right to recover damages on behalf of the deceased party may be lost, as shown in a recent ruling issued by a New York court. If you suffered injuries due to the carelessness of your physician, you might be owed compensation, and it is wise to speak to a Syracuse medical malpractice attorney about your options.

Background of the Case

It is reported that in 2014 the plaintiff, along with her husband, initiated a malpractice lawsuit against several defendants. The first and second causes of action, medical malpractice and lack of informed consent, were asserted by the plaintiff, while the third cause of action was a derivative claim asserted by the husband. In May 2016, the husband passed away. In January 2018, the plaintiff became the administrator of the husband’s estate. In January 2020, two of the defendants moved to dismiss the complaint against them under CPLR 1021. The trial court granted both motions, and the plaintiff appealed.

The Impact of a Party’s Death on a Medical Malpractice Case

On appeal, the court affirmed the trial court’s ruling as to the derivative claim but reversed as to the plaintiff’s claims. The court explained that CPLR 1021 provides that if the need for substitution arises before a final judgment and the substitution is not carried out within a reasonable timeframe, the claims asserted by the party for whom substitution should have occurred can be dismissed. Continue Reading ›

Pedestrian Texting – Hazardous Activity?

Published on: June 28, 2023 | By DeFrancisco & Falgiatano

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 of people walking into telephone poles, falling into lakes, falling onto train tracks, tripping on uneven areas of the sidewalk or into holes, colliding with other pedestrians on the sidewalk, or, in one heavily viewed video, a woman walks into the wall of a fountain in a mall, falling directly into the water while passersby look on. It may seem funny at first to see someone walking into a pole or wall when looking down at their screens. But some accidents are anything but humorous.

Everywhere you go, you’ll see people on their phones. They’re talking. They’re texting. They’re listening to music and playing video games. What they’re not doing is paying attention. And that lack of attention can turn any one of them into one of the pedestrians who are killed or injured each year. If you or a loved one has sustained an injury as a pedestrian due to no fault of their own, our knowledgeable team of accident attorneys is here to help. At DeFrancisco & Falgiatano, our highly experienced personal injury attorneys may be able to help you recover the compensation you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Almost every adult in the United States uses a cell phone on a daily basis. While walking, most of us are guilty of checking emails, sending texts, or browsing social media. While doing two things at once can save time, using your phone while walking is riskier than you may realize. In fact, according to a recent study, texting while walking is riskier than listening to music or talking on the phone. Pedestrians who are constantly connected and unable to put down their phones are more likely to be involved in a car accident.

Why You Should Get A Second Medical Opinion

Published on: June 21, 2023 | By DeFrancisco & Falgiatano

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 office today if you or someone you care about has been injured as a result of a healthcare provider’s misdiagnosis. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

It’s a common misconception that doctors know everything there is to know about all diseases and can treat anyone who walks into their office. Even the best doctors would find it impossible to be experts in the treatment and care of every disease. As a result, seeking a second opinion is the most practical way to locate a doctor who can provide an alternative viewpoint on your diagnosis and treatment.

When making major life decisions, such as purchasing a new home or selecting a college, we weigh several options, compare risks and benefits, and conduct extensive research before making a final decision. It’s no different when it comes to choosing a doctor.