Syracuse Personal Injury Law Blog

New York Court Discusses General Negligence in the Context of Medical Care

Published on: July 8, 2024 | By Jeff DeFrancisco

The struggle to have children can be heartbreaking. Thankfully, many people dealing with infertility can get help conceiving via advanced reproductive technology like IVF. If an IVF procedure is not performed properly, it may impact a party’s ability to grow their family. As discussed in a recent New York case, however, errors made during the IVF process most likely do not constitute general negligence. Instead, they usually give rise to medical malpractice claims. If you suffered losses due to mistakes made by a fertility specialist, it is wise to confer with a Syracuse medical malpractice lawyer to determine what claims you may be able to pursue.

History of the Case

It is reported that the plaintiff underwent in vitro fertilization (IVF) treatment at the defendant’s fertility center, successfully giving birth to her first child. However, her subsequent IVF treatment to conceive a second child genetically related to her first child was unsuccessful. The plaintiff filed a lawsuit alleging several causes of action, including violations of General Business Law, ordinary negligence, intentional infliction of emotional distress, and others. The court dismissed most of her claims, leading to the plaintiff’s appeal.

General Negligence in the Context of Medical Care

On appeal, the court reviewed the dismissal of the plaintiff’s claims, affirming and reversing in part. The court determined that the plaintiff’s cause of action for a violation of General Business Law § 349 should not have been dismissed, citing the plaintiff’s allegations of materially deceptive advertising about the IVF success rates as consumer-oriented conduct targeted by the statute. Continue Reading ›

New York Court Discusses Establishing Negligence as a Matter of Law

Published on: July 3, 2024 | By Jeff DeFrancisco

Motor vehicle collisions are typically caused by the carelessness of one or more drivers. People involved in accidents are often reluctant to take responsibility, though, and the issue of fault will ultimately have to be presented to a jury. In some instances, though, liability is so clear that the court will decide in the plaintiff’s favor prior to trial. In a recent New York opinion, the court discussed the elements of common law negligence and ultimately affirmed judgment in favor of the plaintiff on the issue of liability. If you were injured in a motor vehicle crash, it is prudent to talk to a Syracuse personal injury lawyer about what evidence you must offer to demonstrate fault.

Factual and Procedural History

It is alleged that the plaintiff initiated a lawsuit against the defendant Chamber of Commerce, among others, seeking damages for personal injuries sustained when a runaway golf cart collided with her vendor tent at a carnival that the defendant organized. The accident happened when a carnival volunteer parked the golf cart but left it unattended with the key in the on position to help another vendor load supplies.

Reportedly, when the volunteers were in the process of loading, a tent fell onto the gas pedal of the golf cart, which caused it to accelerate into surrounding tents. Following discovery, the plaintiff moved for summary judgment on the issue of liability. In her motion, the plaintiff argued that the defendant’s failure to exercise due care when securing the golf cart proximately caused her injuries. The trial court granted the plaintiff’s motion regarding liability, and the defendant appealed. Continue Reading ›

New York Court Examines Liability in Rear End Collision Cases

Published on: June 12, 2024 | By Jeff DeFrancisco

While some car crashes are avoidable, the majority of car accidents are caused by careless driving. In rear-end collision cases, the rear driver is presumed to be negligent and must produce evidence sufficient to overcome the assumption. As such, it can be challenging for rear drivers hurt in such accidents to recover damages, as demonstrated in a recent New York ruling. If you were hurt in a car crash, it is smart to meet with a Syracuse personal injury lawyer to determine your rights.

Case History

It is alleged that in February 2017, at approximately 2:34 a.m., a vehicle driven by the decedent struck the rear of a tractor-trailer parked on the shoulder of a County highway. The tractor-trailer was owned and operated by the defendant. The collision resulted in the decedent’s death.

Reportedly, the plaintiff initiated an action seeking damages for personal injuries and wrongful death, alleging negligence against the defendant and the County defendants, including the police department and a police officer. The defendant and the County defendants moved separately for summary judgment to dismiss the complaint against them. The trial court granted these motions, and the plaintiff appealed the decision. Continue Reading ›

New York Court Distinguishes Medical Malpractice from Ordinary Negligence

Published on: June 7, 2024 | By Jeff DeFrancisco

Medical professionals have an obligation to provide their patients with competent care. If they neglect to do so, thereby causing their patients harm, it may constitute medical malpractice. Not all injuries that occur in the context of medical care constitute medical malpractice, however. In a recent New York opinion, a court distinguished medical malpractice from ordinary negligence, ultimately finding that the harm in question was the result of a deviation from a professional standard of care. If you were hurt by the carelessness of a treatment provider, it is smart to talk to a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

Factual and Procedural Background

It is reported that in January 2016, the decedent was a patient at the medical center operated by the defendants. During a procedure in the catheter lab, attended by a nurse employed by the medical center and another nurse employed by a staffing company, the decedent, who was legally blind, fell from an examination table after one of the nurses momentarily stepped away. The fall resulted in injuries to the decedent. In 2016, the decedent initiated a lawsuit alleging medical malpractice and lack of informed consent against the medical center and its nurse, filing a certificate of merit as required by law.

Allegedly, in 2018, the decedent began a separate action against the defendants, alleging negligence in her care, specifically mentioning failures in supervision and fall risk assessment due to her blindness, medical conditions, and medications. The decedent died while the case was ongoing, and the plaintiff, as the administrator of the estate, was substituted in the case. The defendants filed a cross-motion to compel the plaintiff to serve a certificate of merit and notice of medical malpractice and to transfer the case to the medical malpractice part. The plaintiff opposed, arguing the case was one of negligence, not medical malpractice. The court denied the defendants’ cross-motion, leading to the appeal. Continue Reading ›

New York Court Discusses Strict Liability for Defective Products

Published on: May 20, 2024 | By Jeff DeFrancisco

Car manufacturers are supposed to take measures to ensure that the vehicles they produce are safe for their intended use. All too frequently, however, latent design and manufacturing defects make products dangerous. In many instances, such defects lead to accidents that cause catastrophic injuries. In such cases, the manufacturer may be strictly liable for any damages caused, as demonstrated in a recent New York car crash case. If you were injured in a collision, it is prudent to speak to a Syracuse personal injury lawyer regarding what compensation you may be able to recover.

Facts of the Case

It is alleged that the plaintiff, acting both individually and as the executor of her late husband’s estate, filed a lawsuit against the defendant automobile manufacturer and the defendant car dealership, seeking compensation for injuries sustained by her husband when the airbag of his SUV unexpectedly deployed following a collision with a deer.

Reportedly, the plaintiff asserted breach of implied warranty, strict liability, and negligence claims against the defendants, alleging that the injuries were a result of the defendant’s defective design and manufacture of the vehicle. The defendants moved for summary judgment to dismiss the complaint, which the trial court granted. The plaintiff appealed the dismissal of the strict liability and negligence claims against the defendant automobile manufacturer. Continue Reading ›

New York Court Discusses Liability for Injuries Sustained from COVID-19 Treatment

Published on: May 5, 2024 | By Jeff DeFrancisco

People throughout New York sought treatment for COVID-19 during the pandemic. While many people received appropriate care, some did not and ultimately developed injuries due to the carelessness of their treatment providers. Whether people who sustained such losses can recover compensation via medical malpractice claims depends, in part, on whether the provider in question is immunity from liability pursuant to the PREP Act. Only certain care qualifies for immunity, though, as explained in a recent New York opinion. If you or a loved one sustained losses because of inadequate medical care, you should consult a Syracuse medical malpractice lawyer to determine your options.

Case Facts and Procedural Setting

It is alleged that the plaintiff, along with his wife, commenced a medical malpractice lawsuit against the defendant hospital seeking damages for the development of pressure ulcers while undergoing treatment for COVID-19. The defendant filed a motion to dismiss the complaint, contending immunity from liability under the United States Public Readiness and Emergency Preparedness Act (PREP Act) due to the use of a “covered countermeasure” during a public health emergency. The trial denied the motion, prompting the defendant to appeal.

Liability for Injuries Sustained During COVID-19 Treatment

The salient issue on appeal was whether the plaintiff’s claims fell within the scope of immunity provided by the PREP Act. Ultimately, the court agreed with the trial court’s reasoning and affirmed its opinion. Continue Reading ›

New York Court Examines Establishing Municipal Liability in Car Accident Cases

Published on: April 29, 2024 | By Jeff DeFrancisco

The majority of car accidents are borne out of negligence. While typically, the negligence is in the form of careless driving, in some instances, it is the negligent design and maintenance of roads that lead to collisions. In such cases, the town may be responsible for any losses caused by the crash, but proving liability can be challenging, as demonstrated by a recent New York ruling. If you were hurt in a car crash caused by inadequate road maintenance, it is smart to confer with a Syracuse personal injury lawyer to assess your possible claims.

History of the Case

It is reported that the plaintiff was involved in a single-vehicle accident on a street in the defendant town between 4:00 a.m. and 5:00 a.m. on a day in September 2006. The accident occurred after the plaintiff failed to negotiate a curve, which was preceded by a curve warning and a reduced speed limit sign. The plaintiff alleged that the defendant town negligently maintained the roadway and installed adequate traffic control devices.

Allegedly, though, there were no known witnesses to the accident, and the plaintiff could not recall the events leading to the crash. The plaintiff initiated an action against the defendant town, among others. The defendant town moved for summary judgment, seeking dismissal of the complaint against it. The trial court denied the defendant town’s motion, prompting the defendant town to appeal. Continue Reading ›

New York Court Discusses Timeliness of Medical Malpractice Actions

Published on: April 25, 2024 | By Jeff DeFrancisco

Pursuant to New York law, people injured by negligent medical care have the right to pursue medical malpractice claims against the providers responsible for their harm. They must act promptly, though, as if they fail to pursue their claims within the statute of limitations, they may be dismissed, as demonstrated in a recent New York case. If you were injured by an incompetent doctor, it is wise to consult a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover damages.

Procedural and Factual Setting

It is alleged that the plaintiff initiated an action against the defendant doctor and another defendant, alleging medical malpractice related to the diagnosis and treatment of her breast cancer from June 2014 to October 2017. This case was consolidated with another action involving different defendants. In April 2021, the defendant doctor moved to dismiss the complaint against him, citing untimeliness and lack of personal jurisdiction.

Reportedly, the defendant doctor presented evidence demonstrating that he had only treated the plaintiff once on June 22, 2017, and had not been served with the summons and complaint. The plaintiff opposed the motion, relying solely on uncertified medical records to argue that the complaint against the defendant doctor was timely and cross-moved for an extension of time to serve him with the summons and complaint. The trial court denied the defendant doctor’s motion and granted the plaintiff’s cross-motion. The defendant doctor appealed. Continue Reading ›

Court Explains Establishing Causation in New York Medical Malpractice Cases

Published on: March 25, 2024 | By Jeff DeFrancisco

In New York medical malpractice cases, a plaintiff must prove not only that the defendant failed to uphold the applicable standard of care but also that the defendant’s departure from the standard of care caused the plaintiff’s harm. In other words, the failure to demonstrate causation is typically fatal to a plaintiff’s medical malpractice claim. In a recent New York opinion, a court explained what evidence is needed to establish causation in medical malpractice cases. If you were hurt while receiving medical care, it is advisable to talk to a Syracuse medical malpractice lawyer about what evidence you must produce to present a winning claim.

History of the Case

It is alleged that the plaintiff’s husband was involved in a motor vehicle accident in November 2013, allegedly due to contact with a car operated by another driver. Following the accident, the plaintiff’s husband sought treatment from the defendant chiropractor, among others. While undergoing treatment, he suffered a deep vein thrombosis in late July 2014, which required surgery.

It is reported that the plaintiff’s husband ultimately died due to complications arising out of the deep vein thrombosis. Subsequently, the plaintiff, representing the estate of her deceased husband, initiated legal proceedings against the defendant chiropractor, alleging medical and chiropractic malpractice. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate causation. The trial court granted the defendant’s motion and the plaintiff appealed. Continue Reading ›

New York Court Discusses Civil Immunity for Non-Profit Organizations

Published on: March 12, 2024 | By Jeff DeFrancisco

Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit organizations from liability, they only apply in certain circumstances, as explained in a recent New York opinion. If you were injured in an accident brought about by another person’s negligence, it would benefit you to meet with a Syracuse personal injury lawyer to evaluate your options for seeking damages.

Factual Background and Procedural History

It is alleged that the plaintiff attended a summit organized by the defendant academy at the defendant church. During the event, one man threw a bag to another; the man catching the bag fell backward into the plaintiff, causing him to fall and sustain injuries. The plaintiff and his wife filed a lawsuit seeking damages against various defendants, including the president of the defendant academy and the defendant church.

Reportedly, the president of the defendant academy moved for summary judgment, claiming immunity under Not-for-Profit Corporation Law § 720-a. The defendant church also moved for summary judgment, arguing it couldn’t be held liable for the actions of the two men as they were unforeseeable and spontaneous. The plaintiffs also sought partial summary judgment on liability against the man who fell into him and dismissal of the defendants’ affirmative defenses. Additionally, the defendant church and the defendant man requested bifurcation of the trial into liability and damages phases. Continue Reading ›