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Articles Posted in Medical Malpractice

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Late-Filing of New York Medical Malpractice Claim Permitted Under Relation-Back Doctrine

Those who have been hurt by a doctor, nurse, or hospital have a limited time in which to file a medical malpractice claim. Usually, claims not filed within this time period are dismissed by the court as untimely. However, there are a limited number of circumstances in which a late-filed…

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New York Court Holds that Defendants’ Failure to File Timely Answer Should Have Resulted in Default Judgment in Medical Negligence Case

Hopefully, everyone knows by now that there is a statute of limitations that places an outer limit on the time during which a Syracuse medical malpractice claim can be filed. While there are a few, very limited exceptions to this rule, most cases that are filed outside of this time…

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New York Court Reverses Lower Tribunal’s Order Disqualifying Attorney for Estate of Deceased Alleged Medical Malpractice Victim

Syracuse medical malpractice lawsuits can have multiple complications, especially when the alleged act of medical negligence resulted in a loved one’s death. Part of the reason for this is that the actual plaintiff in such a case is the deceased person’s estate – not his or her survivors. Although family…

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Appellate Court Affirms Defense Verdict in New York Medical Malpractice Case Against Medical Center

In a Syracuse medical malpractice case, there may be a single defendant, or there may be multiple defendants. It all depends upon the circumstances surrounding the alleged act of medical negligence. For example, in a case in which an individual was injured or died in (or after having been in)…

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New York Appellate Court Affirms Dismissal of Medical Malpractice Case Due to Plaintiff’s Failure to Appear at Compliance Conference

Syracuse malpractice cases are never easy. The defendants in these types of case rarely admit that any wrongdoing or negligence occurred; in the unlikely event that a doctor or hospital admits that a mistake was made, the defendant will likely insist that there was no harm caused by the error.…

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New York Appellate Division Affirms Denial of Summary Judgment in Medical Malpractice Wrongful Death Suit

In a Syracuse medical malpractice case, the plaintiff is usually the person who was the victim of a doctor or hospital’s negligence. However, sometimes an act of medical negligence is so severe that it results in a patient’s death. In such a situation, there is still the possibility of a…

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Summary Judgment to Doctor in Medical Practice Lawsuit is Affirmed by New York Appellate Court

Pursuing fair compensation for an act of medical negligence involves many steps. In addition to the filing of a Syracuse medical malpractice lawsuit, there is the discovery phase of litigation, which is typically followed by the filing of motions for dismissal by the allegedly negligent doctors or hospital. If the…

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New York Appeals Court Agrees that Parents Should Have Been Given Leave to File Late Notice of Child’s Birth Injury Medical Malpractice Claim

Those who have suffered personal injuries or a loved one’s wrongful death have only a limited time in which to file a Syracuse medical malpractice lawsuit. This includes situations in which the victim of the alleged medical negligence is a minor child. If your family has been hurt by a…

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New York Appellate Court Reverses Summary Judgment to Medical Provider in Patient’s Malpractice Lawsuit

In a Syracuse medical malpractice case, the plaintiff has the burden of proving that he or she suffered personal injury as a proximate result of the defendant’s negligence. Medical negligence cases are often filed against doctors, but they may also be filed against other healthcare providers, including hospitals and other…

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New York Appellate Court Affirms $1 Million Verdict in Hospital Negligence Lawsuit

About two out of five Americans take at least one prescription medication these days. While most of these medications are at least somewhat beneficial to the patient taking them, each comes with a list of possible side effects. When a patient is admitted to a hospital, personnel should be careful…

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