Wrongful Death

Published on: March 10, 2020

New York Court Affirms Dismissal of Product Liability Lawsuit Involving Remote Control Boom Crane

In a Syracuse product liability lawsuit, the plaintiff may have multiple theories of liability – design defect, failure to warn, negligence, etc. Because several different entities in the supply chain may be held liable, these types of cases may have multiple defendants, as well.

Often, one or more defendants will seek to have the case dismissed as to them. Depending upon how the court rules on these motions, the case may proceed to trial against a single defendant or multiple defendants, or it may be dismissed entirely. The testimony of expert witnesses is often crucial in these cases, as the plaintiff must be able to show that there is enough evidence for the case to proceed to trial.

Facts of the Case

The plaintiffs in a recent case were a man who was allegedly pinned and crushed due to a malfunctioning remote control device that was used to operate a boom crane. The plaintiff, joined by his wife, filed suit against several entities that they believed were responsible for the manufacturing, distribution, and sale of the device, asserting claims for strict liability and breach of warranty. After the man died in 2016, his wife continued the action both individually and as the administratrix of his estate, adding wrongful death and conscious pain and suffering causes of actions.

Published on: February 29, 2020

New York Appellate Court Reverses Entry of Summary Judgment to Medical Providers in Fatal Hypoxic Brain Injury Medical Malpractice Case

by Jeff DeFrancisco

In most Syracuse medical malpractice cases, one or more healthcare provider defendants will file what is known as a “motion for summary judgment.” This procedural device may sound harmless enough, but it is often deadly to the plaintiff’s pursuit of fair compensation for an act of medical negligence.

Summary judgment can effectively end a plaintiff’s case as to certain defendants, certain claims, or in its entirety. When a trial court grants such a motion, the court is basically telling the plaintiff that, even if everything he or she says is true, there is no genuine issue of material fact in his or her case and the defendant is entitled to judgment as a matter of law. Fortunately, there is an appellate process for reviewing a trial court’s granting of summary judgment. Many such appeals are successful, giving the plaintiff’s a second chance to have his or her case proceed to a trial on the merits.

Facts of the Case

In a case arising in the Supreme Court of Erie County, the plaintiff was the administratrix of the estate of a man who died from acute respiratory failure following a hypoxic brain injury that occurred as a result of an emergency tracheostomy that was performed when the man returned to the defendant medical center after he had been dismissed earlier in the day when the defendant anesthesiologist and a nurse (who was employed by the medical center) failed in their attempts to intubate the man in preparation for surgery on his shoulder.

Published on: December 27, 2019

New York Appellate Court Reviews Chiropractic Malpractice Case Involving Multiple Defendants, One of Whom Entered Into an Arbitration Agreement

by Jeff DeFrancisco

Syracuse medical malpractice lawsuits involving multiple defendants can be complex. The plaintiff’s case against some of the defendants may be stronger or weaker than his or her case against the others, possibly leading to quicker and more effective settlement negotiations against one or more of the health care providers against whom money damages are sought. Just as naming multiple defendants complicates a medical negligence lawsuit, so may the death of the primary plaintiff in such a lawsuit, especially if his or her death allegedly resulted from the acts of malpractice giving rise to the claim.

A recent case explored some of the issues that can arise when the original plaintiff passes away in the middle of a lawsuit involving several medical provider defendants, one of whom had allegedly entered into an arbitration agreement with the original plaintiff prior to his death.

Factual Allegations

In a recent case filed in the Supreme Court of St. Lawrence County in 2015, the original plaintiff was a man who sought monetary compensation for alleged acts of medical malpractice and chiropractic malpractice from multiple medical provider defendants. While the lawsuit was pending, the original plaintiff entered into an arbitration agreement with one particular defendant, and a stipulation of discontinuance was entered as to that defendant. Accordingly, the trial court deleted that defendant from the caption of the complaint.

Published on: December 26, 2019

New York Appellate Court Reverses Summary Judgment Granted to Medical Providers on Claim Regarding Vegetative Patient’s Conscious Pain and Suffering

by Jeff DeFrancisco

In a lawsuit arising from an alleged act of medical malpractice, a Syracuse medical malpractice plaintiff may seek reasonable compensation for several different types of damages. Two of the most common types of damages are medical expenses and lost earning capacity caused by the act(s) of medical negligence.

Money damages may also be awarded for pain and suffering in some cases. Of course, in order for this to happen, there must be proof that the victim was aware of his or her suffering, at least on some level. While it is not necessary to show that he or she was fully “awake” and completely aware of everything that was happening at the time in question, there must be some evidence of awareness of his or her pain during the relevant time. Whether or not this was so in a certain case can be a point of much contention.

Facts of the Case

In a recent case arising in the Supreme Court of New York County, the plaintiff was a woman who sought monetary compensation for the death of a medical patient who died after having been treated by the defendants, two hospitals and several other medical providers. Two of the defendants sought summary judgment on the issue of the plaintiff’s conscious pain and suffering claim, arguing that there were no genuine issues of material fact as to whether the decedent was cognitively aware during the time that she was admitted to those defendants’ medical facilities.

Published on: October 29, 2019

Summary Judgment Granted in Part, Denied in Part in New York Family’s Medical Malpractice Lawsuit for Relative’s Post-Surgery Death

by Jeff DeFrancisco

In a Syracuse medical malpractice case, the plaintiff has the burden of proving his or case by a preponderance of the evidence. Often, a defendant (doctor, hospital, or other medical provider) will attempt to circumvent the usual trial practice by filing what is known as a summary judgment motion. Such a motion is granted when the court finds that there is no triable issue of fact.

When a court grants such a motion for summary judgment, the plaintiff’s case may be dismissed in part or even in its entirety. Thus, it is important that the plaintiff be able to offer sufficient proof of his or her claim in opposition to the motion. Consulting an experienced medical malpractice attorney early on in the process is essential to securing the necessary evidence of negligence to survive a motion for summary judgment and, ultimately, the prevail at trial.

Facts of the Case

In a recent case, the plaintiffs filed suit against the defendants, a medical center, a doctor, and others, asserting claims for medical malpractice, lack of informed consent, and the wrongful death of their decedent, a man who allegedly died from complications of gallbladder removal surgery. One of the doctors filed a motion for summary judgment. The Supreme Court for Kings County denied the motion, and the defendant doctor appealed.

Published on: June 29, 2019

New York Appellate Division Affirms Denial of Summary Judgment in Medical Malpractice Wrongful Death Suit

by Jeff DeFrancisco

In a Syracuse medical malpractice case, the plaintiff is usually the person who was the victim of a doctor or hospital’s negligence. However, sometimes an act of medical negligence is so severe that it results in a patient’s death.

In such a situation, there is still the possibility of a lawsuit against the responsible medical provider. However, the procedure is more complex than if the patient himself or herself was available to pursue monetary compensation.

Typically, it is the personal representative of the estate of the deceased medical negligence victim who brings suit in such a situation. This may or may not be a family member of the deceased individual (although any proceeds will likely go to the victim’s family members).

Published on: April 26, 2019

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

by Jeff DeFrancisco

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 that those accused of malpractice will try to turn the blame around on the victim – even if the defendants’ alleged negligence cost the victim his life.

Published on: January 4, 2019

New York Court Allows Plaintiff in Car Accident Case to File Otherwise Untimely Claim Based on “Relation Back”

by Jeff DeFrancisco

Timeliness is very important in a New York automobile accident case. If a claim is not filed within the statute of limitations, there is a strong likelihood that it will be dismissed by the court on procedural grounds.

However, there are a few – a very few – exceptions to this general principle. One of these exceptions is based on a doctrine known as “relation back,” under which a late-filed claim can be “dated” as if it were filed earlier. However, this doctrine only applies to claims relating to a lawsuit that has already been timely filed.

Facts of the Case

In a recent case, the New York Court of Appeals was called upon to consider the various issues arising in three consolidated actions filed as a result of multi-vehicle accident that occurred in 2011. The accident happened when a vehicle (in which several employees of a certain business were riding) stalled on a bridge. That car was struck from behind by a second car, which was then hit by a third car. One of the passengers in the first car died from injuries suffered in the wreck.

Published on: November 23, 2018

Van Hits Seven Pedestrians, Kills One in Manhattan

by Jeff DeFrancisco

If you have lost a loved one in an unexpected accident, you may be able to sue the at-fault party for compensation. While no amount of money can undo the pain of losing someone close to you, making a financial recovery can help you deal with the expenses that often arise in such situations. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse wrongful death attorneys are committed to compassionately helping families obtain the legal help they need.

A driver attempting to park a minivan in Manhattan’s busy Chinatown went over a curb and onto a sidewalk earlier this week, killing a 56-year-old man and injuring six others, according to law enforcement. At least two of the injured victims were in critical condition while two others had injuries that were severe but not life threatening. Unconfirmed reports suggested that the wreck was unintentional as the driver was trying to parallel park but hit the wrong pedal. The driver of the vehicle, who is 70 years of age, stayed at the scene of the accident. He also suffered injuries but refused medical attention.

Wrongful Death Claims in New York

Published on: May 16, 2013

Brain injury basics

by Jeff DeFrancisco

Last week we talked about some recent changes the National Collegiate Athletic Association made to its rules for college football. These changes have already decreased the number of concussions sustained by collegiate players but, like any contact sport, football still carries its share of risks.

A traumatic brain injury (TBI) usually occurs when a person receives a jolt or blow to the head that disrupts his or her normal brain functioning. These injuries are also commonly referred to as concussions, a fairly common occurrence in sports like football. But even if players frequently shrug them off and get back in the game, brain injuries should not be ignored as a public health problem.

About 1.7 million TBIs occur each year as a result of injury. The severity of these injuries can range from a slight, brief change in brain function to lasting amnesia or even death. Common symptoms include headaches, nausea or vomiting, memory loss, confusion, dizziness or sluggishness.