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Syracuse Personal Injury Law Blog

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New York Woman’s Termination for Cause Unrelated to Car Accident Means Her No-Fault Insurer Owed Her No Lost Wages

Although New York is a “no fault” state for the purposes of automobile accident liability, this does not mean that a negligent driver can never be held accountable for the injuries of a person hurt in a crash. To the contrary, if someone sustains serious injuries in a New York…

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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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New York Court Refuses to Give Adverse Inference Instruction to Jury for Defendant’s Alleged Spoliation of Evidence in Medical Malpractice Lawsuit

The plaintiff in a Syracuse medical malpractice case has the burden of proving each and every element of his or her case. Oftentimes, the plaintiff must obtain much of the evidence of his or her claim from one or more of the defendants against whom he or she has filed…

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New York Mall Owner Was Not Entitled to Summary Judgment on Storm-in-Progress Defense to Premises Liability Claim

In the state of New York, landowners and business operators owe certain duties to those who come upon their property for a business purpose, such as a shopper going to a mall to make a purchase. A Syracuse premises liability lawsuit can result when a business patron is injured because…

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Summary Judgment to Hospital in Medical Malpractice Suit Based on Failure to Timely Diagnose Was Reversible Error According to New York Appellate Court

In some Syracuse medical malpractice lawsuits, the allegation is that a defendant doctor or hospital failed to make a correct diagnosis within a reasonable amount of time under the circumstances. A delay in treating a medical condition can result in significant harm and even death to a patient. When a…

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Malpractice Lawsuit Filed by Doctor’s Family Can Proceed Against Dialysis Center, Says New York Appeals Court

A Syracuse medical malpractice case can affect many different types of people and their families. Even a medical doctor can be the victim of an act of medical negligence, when that doctor is a patient relying upon the advice of others. Of course, in such a case, it is likely…

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New York Court Upholds Dismissal of Malpractice Claim As Untimely

When it comes to personal injury and wrongful death litigation, time is of the essence. If a New York medical malpractice lawsuit is not filed on within the statute of limitations, it has very little chance of ever being considered upon its merits. There may be other deadlines that require…

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New York Court Denies Summary Judgment to Common Carrier in Injured Passenger’s Negligence Lawsuit

In a Syracuse personal injury lawsuit based on a theory of negligence, the plaintiff has the burden of proof. This means that he or she must be able to provide evidence sufficient to convince the jury, by a preponderance of the evidence, to the existence of each and every element…

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