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Syracuse Personal Injury Law Blog

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New York Court Discusses Grounds for Setting Aside a Verdict in a Medical Malpractice Case

Typically, parties in a medical malpractice case will settle their disputes prior to going to trial. If a matter is tried, however, issues of liability and damages will likely be assessed by a jury rather than a judge. While juries are tasked with assessing the evidence presented and making a…

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New York Court Discusses Summary Judgment in Medical Malpractice Cases

Children are, sadly, not immune from the consequences of incompetent medical care. Thus, if they suffer harm because of a medical mistake, their parents will often pursue medical malpractice claims on their behalf. While medical malpractice cases involving children differ from those involving adults in some key aspects, the burdens…

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New York Court Discusses Settling Medical Malpractice Cases

Medical malpractice trials can be costly and emotionally exhausting, and litigants run the risk that the judge or jury determining liability will rule against them regardless of how persuasive their evidence is. Thus, in many cases, it is prudent for a plaintiff in a medical malpractice case to settle their…

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New York Court Imposes Sanctions on Plaintiff in Car Accident Case

Collisions frequently cause back and neck injuries and people hurt in crashes have the right to seek compensation for their harm from the parties that caused the accident via civil claims. A plaintiff must respect a defendant’s right to conduct discovery, though, which may include submitting to a medical examination.…

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New York Court Discusses Proving Vicarious Liability in a Car Accident Case

Many people have jobs that require them to operate motor vehicles. When people cause collisions while they are working, their employers may be deemed vicariously liable for any damages sustained. A plaintiff in a car crash case must prove liability to recover compensation, however, and if they cannot, their claims…

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New York Court Discusses the Assumption of the Risk Defense in Personal Injury Matters

Horses are often thought of as gentle giants, and many people living in New York take pleasure in riding them. Even the most well-trained horses can be unpredictable, though, and there is an inherent risk in horseback riding. As such, a person that suffers harm while riding a horse may…

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New York Court Discusses Comparative Negligence in Car Accident Cases

Car accidents occur regularly in New York, and many people injured in collisions will seek compensation from the driver they deem responsible for the accident. It is not uncommon for a defendant in a car crash case to argue that the plaintiff actually caused the accident, and therefore, the plaintiff’s…

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New York Court Discusses Pursuing Damages for Medical Malpractice Committed by Federal Employees

Delays in obtaining an accurate diagnosis can have grave consequences. As such, doctors who carelessness neglect to provide their patients with a timely diagnosis should be held accountable. A plaintiff harmed by a doctor’s inattentive care can often recover damages for medical malpractice, but if the doctor was a federal…

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Court Explains Factors Considered in Evaluating Whether to Vacate a Verdict in a New York Medical Malpractice Case

One of the key components of medical malpractice cases is the standard of care. Specifically, a plaintiff must establish that applies to the allegedly negligent health care provider and provide expert testimony explaining the manner in which the defendant breached the standard. In cases in which the parties produce conflicting…

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