Attorneys Jeff D. DeFrancisco and Charles L. Falgiatano
Experienced. Proven. Results-Oriented.We fight for the rights of clients who have sustained serious injuries or suffered harmful accidents. Our goal is to help each client achieve the best possible outcome.Schedule Your FREE Consultation Today
$13,000,000Verdict for a personal injury case.Schedule Your FREE Consultation Today
$10,500,000Verdict for failure to diagnose cancer.Schedule Your FREE Consultation Today
$3,500,000Settlement for medical malpractice against an ob/gyn for birth injury.Schedule Your FREE Consultation Today
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Not every physician or healthcare provider is held to the same standard of care. For instance, in a Syracuse medical malpractice case, a doctor specializing in internal medicine is not necessarily expected to have the same knowledge or skill as one who works primarily in the field of physical therapy.

Thus, if a patient who is treated by both professionals is injured by an act of negligence, it is quite possible that a medical malpractice case will only reach trial as to one of the healthcare workers. It often comes down to a question of which specialist was responsible for the area of the body or the type of care that led to the harm about which the plaintiff complains.

Of course, there are some circumstances in which several different medical professionals could be potentially liable to a patient. Each case is unique and must be determined on its own particular facts.

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Property owners have certain duties to the general public, especially those who come upon their premises for a business purpose (such as a customer shopping in a store). When the landowner or property manager does not maintain a place of business in a reasonably safe manner, a person injured thereby may have grounds to file a Syracuse premises liability claim.

It is important to seek legal counsel as soon as possible after such an accident, as spoliation of the evidence can create challenges later on as the plaintiff seeks to establish a case of liability. Photos should be taken of the scene, witnesses should be interviewed, and any surveillance video should be preserved.

An attorney experienced in such matters can be a great asset to a person injured on another’s property. Together, the injured person and his or her counsel can build as strong a case as possible against the landowner as the case progresses towards a trial by jury.

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A patient can be the victim of medical negligence at any time in his or her life. Sometimes, nursing homes fail to meet the standard of care, and an elderly patient suffers as a result. At the other end of the spectrum, some Syracuse medical malpractice cases happen much earlier: during birth.

When a baby is harmed during labor and delivery, he or she may literally face a lifetime of medical expenses, pain and suffering, emotional distress, disfigurement, and other issues. If these expenses are the result of a medical provider’s mistake, it is only fair that the provider contribute to the payment of such damages.

The amount of fair compensation that is due under such circumstances can be a matter of much contention. After a jury has made an award, it is not unusual for there to be an adjustment of the verdict by the trial court and/or the appellate tribunal if the amount awarded was not in line with the evidence presented at trial. Sometimes, the damages award is set aside, and a new trial is ordered.

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We depend heavily upon the expertise of doctors and hospital personnel to properly diagnose and treat our medical conditions, illnesses, and injuries. Most of the time, they do, and we are grateful for their help.

Sometimes, however, mistakes are made, and the patient suffers great physical harm, pain, and suffering as a result. Most hospitals and physicians carry medical malpractice insurance that covers them in such situations, if the injured person is able to make out a claim for medical malpractice.

However, proving negligence against a medical provider is not always easy. Medical experts must be retained, records must be reviewed, and various court proceedings are likely to ensue if the case is not settled early.

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A Syracuse car accident can happen in just a few seconds, changing the course of a crash victim’s life in ways from which he or she may never recover. Expensive medical treatment, time off from work, and travel costs back and forth to the doctor can be financially devastating.

It is important to know that, if you are hurt in a wreck that was not your fault, there is the possibility of filing suit against the responsible individual. Of course, the burden is on the plaintiff to prove his or her case by a preponderance of the evidence, and the defendant may be able to assert a defense to the claim.

Assuming that there are genuine issues of material fact presented by the parties, the issues will ultimately be decided by a jury or a judge as the finder of fact. At trial, a judgment will be rendered in favor of one party or the other; if the plaintiff prevails, the judge or jury will probably also award a certain dollar figure in money damages to the injured party.

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Syracuse medical malpractice cases often come down to a “battle of the experts.” The case begins with the plaintiff’s medical professional witness testifying that the defendant failed to follow the standard of care and, as a result, harmed the patient.

The defendant then puts his or her own expert witness on the stand, and a very different opinion is given. The jury, as the finder of fact, has to resolve the conflicting testimony.

Sometimes, however, the case doesn’t make it that far. Via a process called “summary judgment,” the trial court may decide that the expert opinion offered by the plaintiff is not sufficient to get the case in front of a jury.

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One of the first considerations in filing a Syracuse medical malpractice lawsuit is the proper party or parties to name as defendants. Another important issue that may need to be addressed is the correct court for purposes of jurisdiction and/or venue.

When a defendant disagrees with the plaintiff’s choice of forum, he or she may seek a change of venue. Even if such a motion is not successful, the filing of such a motion can cause a delay in the plaintiff’s attempt to seek fair compensation.

If the motion is successful, the case may continue in another court. Unfortunately, that court may be less convenient or less desirable from the plaintiff’s perspective. A party who is dissatisfied with a trial court’s ruling on an issue of venue may have an option to seek appellate review prior to trial.

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The basic question in a Syracuse care accident case is, did the defendant act reasonably under the circumstances? In deciding this issue, the trier of fact is usually given as much information as possible about the circumstances leading up to the collision.

If the defendant was confronted with some type of emergency – such as another car pulling out directly in front of him or her – this fact may be weighed, along with other pertinent information, in deciding whether the defendant was negligent. It is quite possible that a jury could find that, although an emergency did exist, the defendant’s reaction to the situation was not reasonable.

Facts of the Case

In a case arising in the Supreme Court for Monroe County and considered on appeal by the Supreme Court of the State of New York Appellate Division, Fourth Judicial Department, the plaintiff was a woman who was allegedly injured in a car accident. According to the plaintiff’s complaint, the defendant motorist was at fault in causing the accident. The defendant vehicle owner was also named as a party defendant in the lawsuit. The defendants filed a motion asking the trial court to dismiss the complaint against them on the grounds that the facts of the accident should result in the application of the “emergency doctrine,” thus excusing them for liability for the plaintiff’s alleged injuries.

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A Syracuse hospital malpractice case may be based on one or several alleged breaches of the duty of care towards a patient. Failing to properly diagnose and treat an infection is one possible issue that could arise in such a case.

In order to prove negligence against a medical provider, the burden of proof rests on the plaintiff to establish, by expert proof, the duty of care that was applicable to the patient at the time in question. The plaintiff must also show that this duty was breached and that the breach of duty was the proximate cause of the injuries for which he or she seeks monetary compensation in the lawsuit at hand.

If the plaintiff is unable to produce competent and convincing medical expert testimony to support his or her theory of negligence, his or her case is likely to get dismissed on the defendant’s motion for summary judgment. In such a situation, the plaintiff’s case will not reach the jury, and he or she will receive $0 in compensation.

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Filing a Syracuse car accident lawsuit is just one of many steps towards recovering fair compensation for medical costs, lost earnings, and other losses caused by a negligent driver. Because New York is a “no-fault” state, there are certain thresholds that must be met in order for the plaintiff to be able to assert his or her claim in a court of law.

The insurance companies who defend such cases try very hard to keep cases out of court, if at all possible. They have teams of professionals, including medical experts, who work together to minimize the amount of money that is ultimately paid to those who are hurt in automobile accidents.

If you have been involved in a car crash recently, you should talk to a lawyer who can represent your interests in the matter as soon as possible – preferably, before giving a statement to the other driver’s insurance company. Insurance adjusters are well-seasoned in the art of manipulating a would-be plaintiff’s statement, as well as in other tactics to keep the insurance company’s payout as small as possible.

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