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Articles Posted in Wrongful Death

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New York Court Discusses Statutes of Limitations for Medical Malpractice and Wrongful Death Claims

People that suffer losses due to medical malpractice have the right to pursue claims against the healthcare providers responsible for their harm. They must file any claims within the applicable statute of limitations, though; otherwise, they might waive the right to recover damages. While the courts strictly construe statutes of…

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New York Court Explains COVID-19 Related Tolling of the Statute of Limitations in Medical Malpractice Cases

The COVID-19 pandemic altered many aspects of everyday life, including the manner in which medical malpractice cases are litigated. Specifically, among other things, it generally increased the length of time parties had to pursue claims against negligent medical professionals. In a recent opinion issued in a medical malpractice case, a…

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Court Discusses Establishing the Right to Summary Judgment in a New York Medical Malpractice Case

Defendants in New York medical malpractice cases will often not only deny liability but will also assert that the evidence so clearly demonstrates their lack of fault that they should be granted judgment in their favor as a matter of law. A defendant seeking summary judgment in a medical malpractice…

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New York Woman’s Medical Malpractice and Wrongful Death Suit Dismissed on Statute of Limitations Grounds

If you have suffered injuries or lost a loved one due to the negligence of a healthcare provider, you should know that you have a limited amount of time to file a claim seeking money damages from the responsible individual, group, or hospital. This time period is referred to as…

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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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Negligent Entrustment Claim Should Have Survived Summary Judgment in Claim Brought by Family of New York Woman Killed in Scooter Accident

In a Syracuse motorcycle accident negligence lawsuit, the premise is simple: the defendant should be held legally liable to the person or family who was hurt by his, her, or its failure to act in a reasonably prudent manner. Four elements are required in order to prove negligence: duty, breach…

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New York Court Affirms Dismissal of Product Liability Lawsuit Involving Remote Control Boom Crane

In a Syracuse product liability lawsuit, the plaintiff may have multiple theories of liability – design defect, failure to warn, negligence, etc. Because several different entities in the supply chain may be held liable, these types of cases may have multiple defendants, as well. Often, one or more defendants will…

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New York Appellate Court Reverses Entry of Summary Judgment to Medical Providers in Fatal Hypoxic Brain Injury Medical Malpractice Case

In most Syracuse medical malpractice cases, one or more healthcare provider defendants will file what is known as a “motion for summary judgment.” This procedural device may sound harmless enough, but it is often deadly to the plaintiff’s pursuit of fair compensation for an act of medical negligence. Summary judgment…

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New York Appellate Court Reviews Chiropractic Malpractice Case Involving Multiple Defendants, One of Whom Entered Into an Arbitration Agreement

Syracuse medical malpractice lawsuits involving multiple defendants can be complex. The plaintiff’s case against some of the defendants may be stronger or weaker than his or her case against the others, possibly leading to quicker and more effective settlement negotiations against one or more of the health care providers against…

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New York Appellate Court Reverses Summary Judgment Granted to Medical Providers on Claim Regarding Vegetative Patient’s Conscious Pain and Suffering

In a lawsuit arising from an alleged act of medical malpractice, a Syracuse medical malpractice plaintiff may seek reasonable compensation for several different types of damages. Two of the most common types of damages are medical expenses and lost earning capacity caused by the act(s) of medical negligence. Money damages…

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