Syracuse Personal Injury Law Blog

Generally, in medical malpractice cases, plaintiffs will present evidence of the harm suffered and ask the jury to issue a verdict in their favor but will not request a specific damages amount. As such, what constitutes an appropriate amount of compensation is typically within the purview of the jury. If a defendant feels that a verdict is unjust, it may move for a judgment to be modified, however. Recently, a New York court discussed what a court considers when determining whether a judgment in a medical malpractice case is excessive, in a matter in which the defendant’s negligence caused the plaintiff’s decedent’s death. If you lost a loved one because of a careless physician, it is in your best interest to speak to a Syracuse medical malpractice lawyer to assess your possible claims.

The History of the Case

It is reported that the defendant gynecologist treated the plaintiff’s decedent. During the course of her care, she complained of symptoms indicating ovarian issues, but no testing was performed. She was ultimately diagnosed with ovarian cancer after it had progressed and spread to other parts of her body. She died from the disease a short time later.

Allegedly, the plaintiff filed a lawsuit against the defendant, alleging his negligent failure to diagnose the decedent’s ovarian cancer caused her death. The case was tried in front of a jury who awarded over $3 million in damages to the plaintiff. The defendant moved to set aside the jury’s verdict as excessive, and the court denied the motion, after which the defendant appealed. Continue reading

It is not uncommon for patients to suffer complications after surgical procedures, and in many instances, such complications are preventable and only arise due to the careless acts of one of the doctors involved in the surgery. The mere occurrence of an adverse event, however, does not necessarily indicate a doctor committed medical malpractice. This was demonstrated in a recent case in which the court rejected the plaintiff’s assertions that anesthesia errors caused his harm and ruled in favor of the defendant. If you sustained losses because of a careless anesthesiologist, it is prudent to confer with a Syracuse medical malpractice lawyer regarding your options for seeking damages.

The Plaintiff’s Harm

It is alleged that the plaintiff underwent a surgical repair of a tear of a tendon of his left elbow. The defendant administered the plaintiff anesthesia prior to the surgery. Specifically, he administered a nerve block. After the anesthesia wore off, however, the plaintiff began to feel extreme pain in his left hand, and his fingers were swollen. He was also unable to flex two of his fingers. He was subsequently diagnosed with a brachial plexus nerve injury.

Reportedly, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging his negligent performance of his professional duties caused the plaintiff’s harm. During the trial, the plaintiff asked the court to instruct the jury on the doctrine of res ipsa loquitor, but the court declined. The jury ruled in favor of the defendant, and the plaintiff filed a motion to set aside the verdict as against the weight of the evidence and to argue that the court failed to instruct the jury as requested. Continue reading

The outcome of medical malpractice cases rests squarely on how the judge and jury view the evidence presented by the parties. Thus, while a plaintiff may believe her evidence to be compelling and sufficient to obtain a verdict in her favor, the outcome of the case may indicate otherwise. While there are measures a plaintiff can take to attempt to overturn a seemingly unjust verdict, they are often unsuccessful. Recently, a New York court discussed the evaluation of evidence in a medical malpractice case in which the plaintiff filed an appeal on numerous evidentiary grounds. If you were injured by incompetent medical care, it is smart to speak to a Syracuse medical malpractice lawyer to discuss what evidence you will need to recover compensation.

The Plaintiff’s Allegations

It is reported that the plaintiff underwent laparoscopic surgery at the defendant hospital to address a ruptured ectopic pregnancy. During the surgery, she suffered nerve damage, and she subsequently filed a medical malpractice lawsuit against the defendant hospital and the surgeon who performed the procedure.

Allegedly, after discovery was complete, the plaintiff moved for summary judgment, but the court denied her motion. The case went to trial, and the jury issued a verdict in favor of the defendant. The plaintiff then filed a motion to set aside the verdict as against the weight of the evidence, but her motion was denied. She then appealed the denial of both motions. Continue reading

Many state-owned and operated facilities house individuals on a short-term or long-term basis. It is not uncommon for people confined in such facilities to require medical care, and if their requests are denied or the care is incompetently rendered, it can cause serious harm. As such, people injured by negligent treatment offered in state facilities may have grounds to pursue medical malpractice claims. They must follow the proper procedure for pursuing such claims, though, as the failure to do so may result in a dismissal, as demonstrated in a recent ruling issued by a New York court. If you sustained losses because of the incompetence of a health care provider, it is wise to confer with a trusted Syracuse medical malpractice lawyer to discuss your avenues for seeking compensation.

The Plaintiff’s Harm

It is alleged that in June 2019, the plaintiff was being transported to a facility owned and operated by the state when he was attacked by another individual. Immediately after arriving at the facility, the plaintiff requested medical care for the injuries obtained in the assault. His request was declined, however. He subsequently filed a federal lawsuit against the state, asserting numerous claims arising out of his attack and subsequent denial of medical treatment, including medical malpractice claims.

Reportedly, the plaintiff was not represented by an attorney. The state moved to dismiss the plaintiff’s claims on the grounds they were barred by the Eleventh Amendment of the United States Constitution. After reviewing the pleadings, the court granted the defendant’s motion and dismissed the plaintiff’s claims. Continue reading

Many people who require medical tests or procedures use insurance to pay for the services they receive. While insurance companies often conduct reviews to determine if care is necessary, they do not provide medical care. Thus, as discussed in a recent opinion issued in a New York case, they generally cannot be held liable for medical malpractice. If you suffered harm due to negligently rendered medical care, it is in your best interest to consult a Syracuse medical malpractice lawyer about your potential claims.

The Plaintiff’s Harm

Allegedly, the plaintiff visited her doctor in November 2018 with complaints of pain in her right hip. She underwent physical therapy for several weeks, but her symptoms did not improve. Her doctor then referred her to an orthopedic surgeon, who ordered an MRI. The surgeon sought pre-authorization for the MRI from the defendant, the plaintiff’s insurance provider. The defendant denied the request for pre-authorization after a doctor reviewing the plaintiff’s request, and health history determined that she failed to show that the MRI was medically necessary.

Reportedly, the defendant elaborated that the plaintiff had not demonstrated that she failed to improve following a six-week regimen of rest, physical therapy, and medication, despite that she had completed the course of physical therapy and pain medication recommended by her doctor. The doctor appealed, and after several weeks the MRI was approved. The plaintiff underwent an MRI, which revealed cancer in her right hip. Her leg was amputated, and her treating doctor advised if she presented a month earlier, her leg could have been saved. She then filed a lawsuit against the defendant asserting numerous claims, including medical malpractice. The defendant moved for dismissal. Continue reading