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Articles Posted in Failure to Diagnose

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Summary Judgment Should Have Been Granted to Some Defendants in New York Man’s Medical Malpractice Case Arising from Failure to Diagnose Malaria

In a Syracuse medical malpractice case, the plaintiff has the burden of proving that the defendant medical provider breached the applicable standard of care. This standard must be determined on a case-by-case basis because not every doctor, nurse, or medical clinic owes a patient the same duty. For instance, physicians…

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New York Appellate Tribunal Affirms Summary Judgment to Medical Providers in Case Involving Stroke Following Surgery

The medical condition known as a “stroke” occurs when there is poor blood flow to the brain. Suffering a stroke can result in debilitating personal injuries and even death. High blood pressure is one of the main risk factors for strokes. If a doctor’s negligence causes a patient to suffer…

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New York Woman’s Medical Malpractice Case Against Gynecologist Following Complications from Sterilization Survives Summary Judgment Motion

Most Syracuse medical malpractice lawsuits revolve around the issue of whether the defendant healthcare provider deviated from the standard of care that applied to the plaintiff’s medical treatment and/or whether any such deviation was the proximate cause of the plaintiff’s injuries or death. This is not always the only potential…

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Denial of Summary Judgment on Continuing Treatment Exception Affirmed on Appeal by New York Court

In some Syracuse medical malpractice cases, there is but a single defendant. This could be a family doctor who ignored a patient’s symptoms of a life-threatening emergency medical condition, resulting in the patient’s death, or it could be a surgeon who negligently left medical instruments inside a patient’s body, resulting…

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Continuous Treatment Doctrine Did Not Save Patient’s Medical Negligence Claim Against a New York Hospital

The Legislature of the State of New York has codified the limitations period for a Syracuse medical malpractice lawsuit. This means that, generally speaking, someone who is hurt by the mistake of a doctor or other healthcare professional must file a claim within that time period, or else his or…

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New York Court Denies Summary Judgment to Medical Providers Accused of Delayed Diagnosis in Cancer Case

A delayed cancer diagnosis can be very costly to a patient. Lost time can greatly impact a patient’s treatment options and ultimate chance of recovery. When this happens, the patient or his or her family may have the option of filing a Syracuse medical malpractice lawsuit against the physician whose…

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New York Woman’s Surgical Malpractice Case Should Not Have Been Dismissed on Summary Judgment

Motions for summary judgment are common in Syracuse medical malpractice cases. Summary judgment is a pre-trial procedure in which one party or the other (but usually the defendant) asks the court to award judgment to that party on the basis that there are no genuine issues of material fact on…

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Summary Judgment Reversed in New York Medical Malpractice Claim Pertaining to Testicular Injury

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…

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