Syracuse Personal Injury Law Blog

Published on: June 26, 2020

Despite Drug Treatment Center’s Hiring of Employee with Multiple Criminal Convictions, New York Appellate Division Finds Summary Judgement in Negligence Case Was Appropriate

There are a seemingly endless variety of ways in which a medical provider’s neglect and lack of concern for patient safety can lead to a Syracuse medical negligence case. In addition to cases involving a doctor’s failure to diagnose a serious illness within a reasonable amount of time or a surgeon’s neglect to obtain informed consent before performing a risky medical procedure, there are many other situations in which a patient can be hurt by an act of negligence committed by a hospital, doctor, or other healthcare worker.

Of course, results are seldom guaranteed in the medical field, and opinions can vary about what was, and what was not, negligence. Sometimes, it is up to the jury to makes these decisions, but courts can enter summary judgment on the issue in certain circumstances.

Because summary judgment effectively ends the plaintiff’s case, at least as to some claims, and/or some defendants, a court’s ruling on this matter is reviewable on appeal. The burden on appeal rests on the party seeking to disturb the lower court’s ruling; if the appellate tribunal is not convinced that a mistake was made, the trial court’s opinion will likely stand.

Published on: June 22, 2020

New York Appellate Tribunal Rules that Plaintiff’s Proffered Expert Testimony Was Properly Excluded in Medical Malpractice Case

by Jeff DeFrancisco

One of the major differences in a Syracuse medical malpractice lawsuit and other types of negligence cases is the requirement that the plaintiff provide testimony from one or more expert witnesses. In almost all medical malpractices cases, a doctor or other healthcare professional must be willing to testify on the plaintiff’s behalf in order for him or her to prevail at trial.

There are many rules about which experts are qualified to testify and the scope of such testimony. Disputes arise frequently concerning these matters, with the trial court (and sometimes the appellate tribunals, as well) being called upon for resolution of the disagreements.

A person who has been hurt by a medical professional’s mistake should talk to an experienced medical malpractice attorney about the process of retaining an expert witness, filing a claim, and moving the case towards trial. It is important to note that not just any attorney can successfully handle a medical malpractice case, so it important to hire a firm who has experience in these types of cases.

Published on: June 17, 2020

New York Car Accident Involving Multiple Rear-End Collisions Should Not Have Been Resolved Via Summary Judgment

by Jeff DeFrancisco

There seems to be a widely held belief that, in a rear-end collision, the driver in the second car is automatically at fault. While such a driver is usually held liable in such a situation, this is not necessarily the result in every case. It all comes down to the particular facts in the case at hand. For example, what if there was construction ahead and the first driver adhered to signage warning drivers to slow down, but the second driver did not?

What if a large animal (such a deer) ran into the path of the first vehicle, causing her to stop suddenly to avoid a dangerous crash? What if the second driver was on his or her phone and not paying attention? Sometimes such cases must be resolved by a jury, with each side making their respective arguments as to why the other was at fault.

Another potential scenario is that there wasn’t just one accident but several separate accidents that occurred in rapid succession. Who is to blame in those kinds of cases? Unfortunately, the answer is not always clear.

Published on: June 13, 2020

New York Trial Court Was Correct in Denying Motion to Vacate Dismissal of Medical Malpractice Case Due to Failure to Appear, According to Reviewing Court

by Jeff DeFrancisco

Reaching a successful verdict or favorable settlement in a Syracuse medical malpractice case is not easy. In addition to the factual requirements (which, at least to a large degree, must be presented through the testimony of expert witnesses) of proving such a claim, there are many procedural steps that must also be dealt with in an appropriate manner.

These procedural matters include the filing of the requisite paperwork within the statute of limitation period, the completion of discovery during the time allotted by law, and appearances at various hearings scheduled by the trial court. There are many pitfalls that await a litigant who seeks to represent himself or herself – or one who makes the mistake of retaining an attorney not well-versed in these requirements.

Some penalties for untimely action or failure to appear at a particular judicially scheduled event are met with repercussions that, while detrimental, do not serve to put an end to the plaintiff’s case. Sometimes, however, a procedural misstep can spell the end of the plaintiff’s attempt to seek fair compensation for damages caused by a negligent healthcare provider.

Published on: June 8, 2020

Personal Injury Litigant Should Have Been Allowed to Depose Assailant’s Psychiatric Providers, Says Appellate Tribunal in New York

by Jeff DeFrancisco

Syracuse personal injury cases have many steps. Once an attorney has been contacted and an investigation has been made into the facts of the event giving rise to the litigation, the next step is to file a formal complaint in a court of law. After that, the case proceeds to the discovery phase.

Just as the name suggests, the discovery phase of litigation is the time during which each side is allowed an opportunity to learn more about his or her opponent’s case. Of course, there are limitations on the scope of such discovery, and disputes can arise regarding whether one party or the other has stepped over the line of what is acceptable.

The trial court controls the discovery phase of litigation, ruling upon the various motions of the litigants as the matter progresses. When a ruling is unfavorable, the affected party may be able to have the matter reviewed by a higher court (although, in some situations, the matter cannot be appealed until after the case has proceeded to a later phase of litigation, such as trial or disposition by summary judgment).

Published on: May 28, 2020

New York Court Finds That Summary Judgment Was Erroneous in Birth Injury Malpractice Case

by Jeff DeFrancisco

While mothers and infants generally fare much better during labor and delivery than they did in years past, Syracuse birth injuries still happen regularly. Obstetricians, anesthesiologists, nurses, and others are quick to point out that complications can arise even when healthcare workers “do everything right.”

However, these medical workers are human, and they don’t always “do everything right.” When things go wrong, the costs on the family can be staggering. Medical expenses, lost wage for the parent(s), lost earning potential for the child, and pain and suffering are all damages for which a malpractice victim can be financially compensated by the jury in a medical malpractice case – if the case makes it to trial.

Facts of the Case

In a recent case, the plaintiff was a minor child who was born at the defendant hospital via an emergency cesarean section. The plaintiff’s complaint setting forth a claim for medical malpractice alleged that his birth occurred after a prolonged slowing of his heartbeat during delivery and that he suffered numerous injuries as a result from the defendant’s deviation from the accepted standard of care. The defendant filed a motion for summary judgment, urging the trial court to hold that the plaintiff had failed to provide sufficient evidence to create a genuine issue material fact such that proceeding to trial was necessary.

Published on: May 21, 2020

New York Woman’s Medical Malpractice Claims Against Out-of-State Medical Providers Dismissed for Lack of Jurisdiction

by Jeff DeFrancisco

One of the first questions that must be dealt with in a Syracuse medical malpractice case is that of jurisdiction. This is usually a fairly straightforward issue, as the plaintiff and his or her physicians or other attendant medical personnel typically all reside within the state in which the allegedly negligent medical treatment took place.

This is not always so, however. In such instances, there may be a plausible argument for jurisdiction in multiple states, or in multiple courts within a single state. Sometimes, the question is whether to file suit in state or federal court. An established medical malpractice lawyer can assist you in determining the best course of action if you or a loved one has been injured by a doctor or nurse’s mistake.

Facts of the Case

In a recent case, arising in the Supreme Court, Kings County, the plaintiff was a woman who was involved in a New Jersey automobile accident in 2013. As a result of the wreck, the plaintiff was treated by various medical providers and was prescribed a certain medication. According to the woman’s complaint against several healthcare providers and drug manufacturers, she developed a condition known as “Stevens Johnson syndrome” as a result of the medication that she took following the car crash. The plaintiff’s prescription was allegedly filled in New York, although at least some of her medical care took place in New Jersey. She filed suit in 2014, seeking to recover money damages on several different legal theories, including medical malpractice, strict product liability, failure to warn, and breach of warranty.

Published on: May 14, 2020

Summary Judgment to Pedestrian on Issue of Liability in Crosswalk Accident Case Affirmed by New York Appellate Tribunal

by Jeff DeFrancisco

There are four steps to establishing liability in a Syracuse car accident case: duty, breach of duty, causation, and damages. Once each of these elements has been proven, the remaining issue is usually the amount of money damages necessary to compensate the plaintiff for his or her pain and suffering, lost wages, and medical expenses.

Sometimes, the trial court will rule, in advance of trial, that the plaintiff is entitled to a judgment as a matter of law as to liability because the defendant has not presented enough evidence for the case to go the jury on this issue. When this happens, a trial is only necessary if the parties cannot agree on a dollar figure on the damages issues. Of course, a defendant may resist a pre-trial ruling on liability, and he or she may even ask for appellate review if such a ruling is made.

Facts of the Case

In a recent pedestrian accident case arising in the Supreme Court of New York County, the plaintiff was a woman who claimed that the defendant motorist struck her while she was crossing an intersection. The plaintiff further averred that she was within the crosswalk at the time of the accident, that the traffic light was in her favor, that the defendant was making a left turn at the time of impact, and that she suffered numerous injuries due to his negligence. The plaintiff filed a motion for partial summary judgment, seeking judgment as a matter of law on the issue of liability. The defendant opposed the plaintiff’s motion, but the trial court rejected the defendant’s arguments and ruled in the plaintiff’s favor. The defendant appealed.

Published on: May 7, 2020

Summary Judgment Should Have Been Granted to Motorist in New York Rear-End Collision Accident Case

by Jeff DeFrancisco

Although a Syracuse car accident can happen in many different ways, rear-end collisions, side-impact accidents, and head-on crashes are some of the most common scenarios for car wrecks nowadays. Driver distraction or inattention, speeding, and drunk or impaired driving are common causes of these types of car accidents. In motor vehicle accident cases, the burden of proof is on the plaintiff to prove that the accident proximately resulted from a breach of duty on the defendant’s part.

If the plaintiff cannot produce sufficient evidence to raise a question for the trier of fact on the question of negligence, his or her case is likely to be dismissed prior to trial. This is one of the many reasons why it is important to be represented by a qualified accident attorney in such cases.

Facts of the Case

In a recent case, the plaintiff was a woman who was riding in the car of the first defendant as they traveled along a busy highway. An SUV that had been traveling in the same vicinity as the first defendant allegedly “suddenly merged” and stopped in front of the first defendant’s vehicle. The first defendant was able to stop without rear-ending the SUV, but the second defendant, who was traveling behind the first defendant in traffic, was unable to stop and ran into the back of the first defendant’s vehicle. The plaintiff sued both the first defendant and the second defendant, seeking monetary compensation for injuries she allegedly sustained in the crash.

Published on: April 30, 2020

New York Appellate Court Agrees with Plaintiff in Medical Malpractice Case That Doctor Should Submit to Additional Deposition

by Jeff DeFrancisco

A Syracuse medical malpractice case begins with the plaintiff filing a lawsuit against the allegedly negligent doctor, hospital, or another medical provider. The defendant(s) then files an answer, addressing each of the allegations made by the plaintiff in his or her suit.

From there, the case typically proceeds to the discovery phase of litigation, a time during which each party has an opportunity to send written interrogatories and requests to produce documents to the other. These are usually followed up by depositions of the parties and their respective medical expert witnesses. If the parties cannot agree on the handling of the discovery phase of the litigation, it is likely that one or both parties will seek the court’s help, sometimes by a motion to compel.

Facts of the Case

In a recent case, the plaintiffs were a husband and wife who sued several defendants, including a hospital, a medical doctor, and a radiology group, asserting a claim for medical malpractice due to the defendants’ alleged negligence in the treatment of the male plaintiff and seeking monetary compensation for the plaintiffs’ damages resulting from the defendants’ conduct. During the pre-trial phase of the case, a dispute arose between the parties with regard to whether the defendant doctor should be compelled to attend a further deposition and answer certain questions regarding certain subsequent medical treatment of the male plaintiff.