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Syracuse Personal Injury Law Blog

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New York Court Discusses Medical Malpractice Claims Against the State

Many state-owned and operated facilities house individuals on a short-term or long-term basis. It is not uncommon for people confined in such facilities to require medical care, and if their requests are denied or the care is incompetently rendered, it can cause serious harm. As such, people injured by negligent…

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New York Court Discusses Relationships Giving Rise to Medical Malpractice Claims

Many people who require medical tests or procedures use insurance to pay for the services they receive. While insurance companies often conduct reviews to determine if care is necessary, they do not provide medical care. Thus, as discussed in a recent opinion issued in a New York case, they generally…

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New YorkCourt Discusses Establishing Liability for Negligence and Grossly Negligent Conduct

When catastrophic accidents cause multiple fatalities, it is not uncommon for surviving family members to seek to recover damages from the parties that caused or contributed to the accident. Simply showing that a tragedy occurred is not sufficient to establish fault, though. Instead, plaintiffs pursuing claims following deadly collisions must…

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New York Court Discusses Fault in Cases Arising Out of Rear-End Collisions

In many cases arising out of car accidents, the defendant will argue that the plaintiff was at fault for the collision and, therefore, should not be awarded damages. While comparative negligence is a valid defense and can diminish or preclude a plaintiff’s recovery of compensation, mere allegations that a plaintiff’s…

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New York Court Dismisses Orthopedic Malpractice Case Due to Inadequate Expert Report

In medical malpractice matters, the evidentiary burden shifts between the parties. Specifically, the plaintiff must allege with particularity the manner in which the defendant departed from the standard of care, after which the burden is on the defendant to set forth an expert affidavit refuting each of the plaintiff’s allegations.…

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New York Court Discusses Expert Reports in Lack of Informed Consent Claims

While most medical malpractice cases arise out of the failure to provide patients with treatment that complies with the applicable standard, some allege that the defendant violated the duties owed to the plaintiff by failing to adequately explain the risks associated with a treatment prior to prescribing it to the…

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New York Court Discusses a Plaintiff’s Burden of Proof in a Medical Malpractice Case

Under New York law, a plaintiff alleging harm due to medical negligence must prove that the treating provider deviated from the standard of care that is accepted in the relevant community. Even if a plaintiff meets this burden, he or she may be denied the right to recover damages, however,…

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New York Court Explains a Plaintiff’s Burden of Proof in a Premises Liability Case

Under New York law, property owners have a duty to maintain their premises so that they are safe for all legal entrants. When property owners fail to uphold this obligation, it often leads to dangerous conditions, and people hurt in accidents caused by such hazards may be able to recover…

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$2.5 Million Dollar Judgment Affirmed on Appeal in Car Accident Case in Which New York Police Officer Was Seriously Injured

Usually, when someone is hurt at work, they are limited to the benefits available to them under the applicable workers’ compensation laws. Occasionally, however, the facts are such that a separate case, such as a Syracuse automobile accident lawsuit, might be possible, as well. For example, if someone is hurt…

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