Medical Malpractice

Continuous Treatment Doctrine Did Not Save Patient’s Medical Negligence Claim Against a New York Hospital

Published on: February 16, 2021 | By Jeff DeFrancisco

The Legislature of the State of New York has codified the limitations period for a Syracuse medical malpractice lawsuit. This means that, generally speaking, someone who is hurt by the mistake of a doctor or other healthcare professional must file a claim within that time period, or else his or her right to seek money damages for medical expenses, pain and suffering, and other losses caused by the doctor’s mistake is forfeited.

However, it is important to note that there are exceptions to the general limitations period. Some exceptions, such as the continuous treatment doctrine, can potentially extend the period for filing suit. Likewise, there may be certain circumstances that result in a shorter effective limitations period. If you believe that you have a claim for medical negligence, it is important to talk to an attorney as soon as possible so that appropriate measures can be taken to preserve your claim.

(Notably, the statute of limitations may be different if you were treated in another state. In some states, the period for filing a claim can be substantially shorter (or potentially longer), so it is important to get legal advice that is state-specific.)

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

Published on: February 14, 2021 | By Jeff DeFrancisco

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 the “statute of limitations” or “limitations period.”

Calculating the exact deadline for filing a Syracuse medical malpractice claim (or, for that matter, a wrongful death or personal injury claim) can be tricky, so it is important to talk to a lawyer about your case as soon as possible. An attorney knowledgeable in negligence law can help make sure your claim is timely filed after talking with you about the details of your case.

Each case is unique when it comes to the statute of limitations because, while there are general guidelines about timeliness, there are also situations in which a filing period can be shortened or extended. It is, thus, imperative that you can legal advice about your case as soon as you can. Cases not filed in a timely manner are likely to be dismissed, with the plaintiff receiving nothing for his or her injuries or loved one’s wrongful death.

New York Court Denies Summary Judgment to Medical Providers Accused of Delayed Diagnosis in Cancer Case

Published on: February 7, 2021 | By Jeff DeFrancisco

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 negligence caused the delay. In some instances, multiple medical providers may be held accountable for the patient’s damages.

In oncology malpractice cases, as in other types of medical malpractice lawsuits, it is the plaintiff who has the burden of proof at trial. This requires expert testimony in most cases, usually from a doctor in the same specialty (or, sometimes, in a similar field) as the allegedly negligent medical provider.

In Medical Malpractice Case Asserting Failure to Diagnose Liver Cancer, Summary Judgment Denied by New York Court

Published on: January 28, 2021 | By Jeff DeFrancisco

Syracuse Medical malpractice cases can involve many different claims, including a failure to diagnose allegation. When a plaintiff asserts a failure to diagnose claim, he or she is not saying that it is necessarily the doctor’s fault that that patient contracted the illness but that, because of a delay in a proper diagnosis and treatment, the patient suffered irreparable harm.

On the one hand, it might seem unfair to blame a physician for a disease that he or she did not cause or create. However, it must be remembered that the doctor’s job was to properly evaluate and treat the patient and that the patient was depending on (and paying for) a correct diagnosis to help him or her make proper decisions regarding medical care.

When a doctor misses a diagnosis, especially a diagnosis of a fast-moving and potentially deadly disease such as cancer, the mistake can be extremely costly to the patient. It may cost him or her a large amount of (otherwise unnecessary) medical costs, or it may ultimately cost the patient his or her life. For this harm, the medical provider must be held accountable.

New York Woman’s Surgical Malpractice Case Should Not Have Been Dismissed on Summary Judgment

Published on: January 23, 2021 | By Jeff DeFrancisco

Motions for summary judgment are common in Syracuse medical malpractice cases. Summary judgment is a pre-trial procedure in which one party or the other (but usually the defendant) asks the court to award judgment to that party on the basis that there are no genuine issues of material fact on one or more claims.

If a court grants summary judgment, it is in effect saying that, even if any questionable evidence is construed in the light favoring the party opposing the motion, there really isn’t anything to fight about. In other words, a jury trial is not necessary because there are not any material facts that must be resolved.

When summary judgment is granted, the losing party has the right to seek appellate review of the lower’s court’s decision. When summary judgment is denied, sometimes there is an immediate appeal but, in some situations, the issue is addressed during the post-trial phase of the case.

New York Woman’s Medical Malpractice Case Against Hospital and Others Dismissed on Appeal

Published on: January 18, 2021 | By Jeff DeFrancisco

Each Syracuse medical malpractice case rests on its own unique set of facts. In some cases, it is alleged that a doctor failed to make a proper medical diagnosis and that a patient was harmed or died as a result.

Other cases pertain to procedures that were allegedly carried out in a careless or negligent fashion. Sometimes, the mistake may be glaringly obvious, such as a situation in which the wrong body part was removed or medical tools were left inside a patient’s body cavity. In other cases, an expert witness must painstakingly explain the alleged error to the jury so that they can understand the applicable standard of care and the manner in which it was supposedly breached.

Another possible claim in a medical negligence case involves a lack of informed consent. Under New York law, a physician or other medical professional has certain duties to explain both the risks and benefits of a particular medical procedure to a patient prior to him or her agreeing to such treatment.

New York Mother and Infant’s Birth Injury Medical Malpractice Case Survives Multiple Motions for Summary Judgment

Published on: December 28, 2020 | By Jeff DeFrancisco

A Syracuse medical malpractice claim can arise from many different situations. While the majority of such cases involve the care, diagnosis, and treatment of adults, medical negligence can also happen during the treatment of minors.

In addition to pediatric malpractice, birth injury malpractice claims against obstetricians and similar providers are fairly common. Such acts of negligence can include failure to properly monitor a mother or infant’s vital signs during labor and delivery, failure to diagnosis certain medical conditions in the mother and/or the baby, and failure to recognize that a particular birth may be more difficult than usual.

When an act of birth injury malpractice occurs, the parents, acting on both their own behalf and that of the minor child, have a right to file a claim asking a court to award fair compensation. During the pretrial phase of the case, it is likely that some (or all) of the defendants may seek dismissal of the case, arguing that there is a lack of proof regarding their alleged negligence.

New York Court Affirms Dismissal of Medical Malpractice Claim on Statute of Limitations Grounds

Published on: December 16, 2020 | By Jeff DeFrancisco

It is frequently said that “time is of the essence” when it comes to medical malpractice lawsuits in New York, especially those involving governmental entities. While it is certainly true that Syracuse medical malpractice claims should be made in a timely fashion in order to have a reasonable chance of a successful outcome, there are, in a few, very limited circumstances, some exceptions to the general rule regarding the time period for filing suit.

However, these limitations are subject to judicial interpretation, and the case law concerning the rules allowing for an exception can evolve over time. This happened in a recent case, as set forth below.

It was unclear exactly when the alleged act of medical negligence took place, but the case had apparently been in litigation for many years. Had the plaintiff acted in a more timely fashion, it is possible that the matter would have been resolved much sooner.

Internal Medicine Physician Should Have Been Granted Summary Judgment in Medical Malpractice Case, Says New York Appellate Court

Published on: November 25, 2020 | By Jeff DeFrancisco

Not every physician or healthcare provider is held to the same standard of care. For instance, in a Syracuse medical malpractice case, a doctor specializing in internal medicine is not necessarily expected to have the same knowledge or skill as one who works primarily in the field of physical therapy.

Thus, if a patient who is treated by both professionals is injured by an act of negligence, it is quite possible that a medical malpractice case will only reach trial as to one of the healthcare workers. It often comes down to a question of which specialist was responsible for the area of the body or the type of care that led to the harm about which the plaintiff complains.

Of course, there are some circumstances in which several different medical professionals could be potentially liable to a patient. Each case is unique and must be determined on its own particular facts.

New York Appellate Division Affirms Large Verdict in Birth Injury Medical Malpractice Case

Published on: November 14, 2020 | By Jeff DeFrancisco

A patient can be the victim of medical negligence at any time in his or her life. Sometimes, nursing homes fail to meet the standard of care, and an elderly patient suffers as a result. At the other end of the spectrum, some Syracuse medical malpractice cases happen much earlier: during birth.

When a baby is harmed during labor and delivery, he or she may literally face a lifetime of medical expenses, pain and suffering, emotional distress, disfigurement, and other issues. If these expenses are the result of a medical provider’s mistake, it is only fair that the provider contribute to the payment of such damages.

The amount of fair compensation that is due under such circumstances can be a matter of much contention. After a jury has made an award, it is not unusual for there to be an adjustment of the verdict by the trial court and/or the appellate tribunal if the amount awarded was not in line with the evidence presented at trial. Sometimes, the damages award is set aside, and a new trial is ordered.