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Doctors have an obligation to provide their patients with competent care, and doctors that fail to uphold this duty may be deemed liable for medical malpractice. Medical malpractice can only arise in the context of a treatment relationship, however. In other words, if there is no patient-doctor relationship between an injured party and a physician, the courts will not consider any medical malpractice claim the injured party files against the physician. This was demonstrated recently in an opinion issued in a New York medical malpractice case. If you were injured by a treatment provider, it is in your best interest to meet with a  Syracuse medical malpractice attorney about your rights.

The Plaintiff’s Harm

It is alleged that the decedent fell from her bed and sustained fatal injuries. She was 87 years old. At the time of the fall, the defendant home health aid, who was assigned to care for the decedent by the defendant home health company, was sleeping in another room that she was provided by the decedent’s family.

Reportedly, the plaintiff filed a lawsuit against the defendants alleging claims of negligence, medical malpractice, wrongful death, and lack of informed consent. The defendants moved for summary judgment on all counts, and the court granted their motion. The plaintiff then appealed. Continue reading

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Biopsies are routine procedures commonly used for diagnostic purposes. Although biopsies are relatively low-risk, they can nonetheless cause injuries if they are not performed properly and may form the basis of medical malpractice claims. As with all civil claims, though, they must be filed within the applicable statute of limitations; otherwise, they are subject to dismissal. This was illustrated recently in a case in which a New York court dismissed a plaintiff’s medical malpractice claims. If you suffered harm during a routine procedure, you have the right to seek compensation, and you should speak to a Syracuse medical malpractice attorney to evaluate your potential claims.

The Facts of the Case

It is reported that the plaintiff was a resident of a state facility in April 2014 when he began to experience groin pain. He met with one of the physician’s assistants employed by the facility, who arranged for him to undergo a biopsy. He was transferred to a hospital for the biopsy, but he woke from his anesthesia in the middle of the procedure in extreme pain and reportedly heard the doctor state he had made a mistake.

It is alleged that the plaintiff then filed a lawsuit against the state facility and the doctor that performed his biopsy, alleging, among other things, medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint on the grounds it was barred by the statute of limitations. Continue reading

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Generally, parties cannot be held responsible for harm caused by the criminal acts of other individuals. There are exceptions, though, that would allow for the imposition of liability. For example, in a recent New York opinion, a court examined whether an airline could be deemed accountable for one passenger’s sexual assault of another. If you suffered harm while flying, you might be able to pursue claims against multiple parties, and it is advisable to speak to a Syracuse personal injury attorney about your potential causes of action.

The Plaintiff’s Allegations

It is alleged that in June 2017, the plaintiff boarded a flight operated by the defendant airline that was traveling from Colorado, to Arizona, to New York. She sat in the window seat, and another passenger sat in the aisle seat. Shortly before takeoff, the tortfeasor sat in the middle seat of the row, next to the plaintiff. According to the plaintiff, the tortfeasor smelled of alcohol and was stumbling, slurring his words, and was fidgeting and agitated.

It is reported, though, that other parties testified that the tortfeasor was merely enthusiastic. At some point during the flight, the tortfeasor sexually assaulted the plaintiff. The plaintiff ultimately filed a lawsuit against the defendant, arguing, among other things, that its negligence caused the plaintiff harm. The plaintiff then moved for summary judgment on numerous issues. Continue reading

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People who suffer from concerning symptoms will typically present to their doctor to obtain a diagnosis and any necessary treatment. If a doctor fails to conduct the tests needed to obtain an accurate view of a patient’s health or neglects to advise them of the risks associated with a proposed course of care, however, the patient’s condition may worsen, and the doctor may be liable for medical malpractice. Recently, a New York court explained the evidentiary burdens imposed on parties in medical malpractice cases in an opinion in which it affirmed the existence of factual disputes that necessitated a trial. If you were injured by your doctor’s errors, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice attorney as soon as possible.

History of the Case

It is alleged that the decedent presented to the defendant’s radiology center for CT scans of the chest on numerous occasions from 2011 through 2014. Based on the findings of the tests, the defendants diagnosed her with small airway inflammatory disease. In the spring of 2014, though, she underwent a PET scan and fine-needle aspiration, which ultimately revealed malignant cells.

Reportedly, the plaintiff brought a lack of informed consent and medical malpractice claims against the defendants. Following her death, the administrator of her estate was substituted as the plaintiff. The defendants moved to have the plaintiff’s claims dismissed via summary judgment, but the trial court denied their motion. They then appealed. Continue reading

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Typically, the earlier cancer is diagnosed, the better a patient’s prognosis is; thus, delayed diagnoses caused by medical oversights can drastically impair a person’s outcome. People harmed by a missed or delayed diagnosis will often pursue medical malpractice claims against their doctors, and while in some cases, liability is clear in others, it is less certain. In a recent opinion delivered in a New York medical malpractice case, the court discussed what evidence each party must offer to show that judgment should be granted in their favor. If you suffered losses due to a missed diagnosis, you have the right to seek damages, and you should meet with a Syracuse medical malpractice lawyer as soon as possible.

The Facts of the Case

It is alleged that the decedent met with the defendant after a CAT scan showed a mass in his abdomen. The defendant performed an endoscopy, took biopsies, and ultimately diagnosed the decedent with adenocarcinoma. He underwent chemotherapy, but after the mass was removed, it was determined to be a different type of cancer that required an alternative treatment plan. The decedent’s diagnosis was later reverted back to adenocarcinoma, but he ultimately died due to cancer complications in 2012.

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In most Syracuse personal injury cases, the plaintiff will allege that the defendant acted negligently. Merely proving negligence is not sufficient to demonstrate liability, though. Instead, a plaintiff must establish that the defendant’s negligence proximately caused their harm, and if they do not, their claims may fail. This was demonstrated in a recent ruling issued by a New York court in a car accident case. If you were injured in a collision, it is smart to speak to a Syracuse personal injury lawyer to determine what evidence you must produce to recover damages.

The Plaintiff’s Accident and Allegations

It is reported that the plaintiff was riding his bicycle when he struck the side of the defendant’s bus. He sustained harm in the accident and subsequently filed a personal injury lawsuit against the defendant and the driver employed by the defendant. The case proceeded to trial, after which the jury determined that the defendants were negligent, but their negligence was not a significant factor in bringing about the accident. The plaintiff then filed a motion to set aside the jury’s verdict and for a judgment as a matter of law, or alternatively for a new trial. The trial court denied the motion, and the plaintiff appealed.

Establishing Proximate Cause

The appellate court ultimately denied the plaintiff’s appeal. It noted that the plaintiff failed to object to the verdict as inconsistent with the evidence prior to when the jury was discharged, and therefore waived his right to object on that basis. The appellate court elaborated that, regardless, the jury’s assessment that the defendants acted negligently but their negligence did not cause the collision was not against the weight of the evidence. Continue reading

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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 may be dismissed, as discussed in a recent New York ruling. If you suffered injuries in a collision, you might be owed compensation, and it is in your best interest to meet with a Syracuse car accident lawyer to discuss your possible causes of action.

The Facts of the Case

Allegedly, the plaintiff’s vehicle collided with a postal van that was parked on the side of a one-way street. The crash occurred when the plaintiff was attempting to navigate a turn. The plaintiff sustained damages due to the crash and subsequently filed a lawsuit against the federal government pursuant to the Federal Tort Claims Act (the Act). The case proceeded to trial, and following an evidentiary hearing, the judge found that the plaintiff had not met her burden of proof with regards to the elements of her negligence claim and ruled that the government was not liable for the accident.

Proving Liability in a Car Accident Case

The Act allows parties to pursue personal injury claims against the United States for the negligence of a government employee acting within the scope of their employment. Pursuant to the Act, the courts must examine state law to determine whether the government is liable for harm caused by its employees. Continue reading

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People who suffer injuries generally have the right to pursue claims against the parties responsible for their harm, with or without the assistance of attorneys. Some claims, like those arising out of medical malpractice, are complex, however, and parties that attempt to seek compensation for medical negligence without legal counsel may not be able to set forth pleadings sufficient to demonstrate they are entitled to damages. This was demonstrated in a recent opinion issued by a New York Court in which the court dismissed the plaintiff’s anesthesia malpractice claims due to lack of jurisdiction. If you suffered harm due to negligently administered anesthesia, it is smart to retain a skilled Syracuse anesthesia malpractice lawyer to assist you in pursuing claims against the parties that caused your injuries.

The Plaintiff’s Claims

It is reported that the plaintiff suffered an injury to his right hand that required a surgical repair. He was admitted to the defendant hospital, which is located in New York, to undergo the procedure, but alleged that he was not provided anesthesia. As such, he suffered intense pain. He further asserted he developed depression and a sleep disorder after the surgery. He filed a complaint against the defendant in federal court, asserting a medical negligence claim. He was not represented by a lawyer when he filed the complaint. The defendant filed a motion to dismiss the plaintiff’s claims on the grounds the court lacked jurisdiction over the matter. The court agreed and dismissed the complaint.

Diversity Jurisdiction in Medical Malpractice Cases Filed in Federal Court

The court explained that the plaintiff’s medical malpractice claim against the defendant failed because the court lacked jurisdiction over the claim as it arose under state law. In New York, a claim sounds in medical malpractice when the conduct in question constitutes medical treatment or bears a significant relationship to the rendering of medical care by a licensed professional. In the subject case, the plaintiff’s claims related to treatment he was provided at the defendant hospital, and therefore, were considered claims for medical malpractice.

The court stated that medical malpractice claims arise under state law, and federal courts generally will not exercise original jurisdiction over such matters unless there is complete diversity between the parties. No plaintiff and no defendant can be citizens of the same state for complete diversity to be present. In the subject case, the court pointed out that the plaintiff and the defendant hospital were both citizens of New York. Thus, complete diversity did not exist, and the court dismissed the plaintiff’s claims. Continue reading

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Plane crashes are rare, but when they occur, they often cause catastrophic injuries. While many plane collisions are caused by defective design or maintenance of the planes themselves, they can also be caused by other factors, like the negligent operation of the plane or the performance of air traffic control services. Proving liability in plane crash cases is often a complicated endeavor, as demonstrated recently in a ruling issued in a New York case. If you lost a loved one in a catastrophic accident, it is in your best interest to confer with a Syracuse personal injury lawyer skilled at handling cases arising out of devastating losses.

The Procedural History of the Case

It is reported that the defendant provided air traffic control services to an airport in Afghanistan. Other parties were primarily responsible for operations during the day, while the defendant performed services during the night. The defendant was not responsible for training anyone. The air traffic control tower in the airport lacked the equipment that was needed to alert the controller of a plane’s proximity to terrain.

Allegedly, in October 2010, a chartered civilian cargo plane left the airport. Shortly after it took off, it contracted air traffic control, which at that time was operated by the defendant, to obtain coordinates. Tragically, they subsequently crashed into mountain terrain, and the eight people aboard died. The estates of the people who passed away filed a lawsuit against the defendant, alleging its negligence caused the crash. The defendant moved for summary judgment, and the court granted its motion, after which the plaintiffs appealed. Continue reading

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The death of Lavern’s Law saved hospitals and insurers a lot of money. Should that money go to a senator who helped kill it?

This post is not a political endorsement. It is meant to call attention to the forces that affect victims of medical malpractice.

Earlier this year, New York legislators considered a bill that could have made it easier for countless victims of medical negligence to pursue compensation under the law. Despite widespread support, it was blocked – in large part by GOP senator and Health Committee Chairman Kemp Hannon.

Why would the chair of the Senate Health Committee oppose a bill that’s good for patients? According to the New York Daily News, It might have something to do with the powerful Greater New York Hospital Association, which loudly lobbied against the bill. The Association has formed a Super PAC that has spent nearly $200,000 on Senator Hannon’s behalf.

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