Wrongful Death

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

Published on: October 29, 2019 | 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.

New York Court Reverses Lower Tribunal’s Order Disqualifying Attorney for Estate of Deceased Alleged Medical Malpractice Victim

Published on: July 27, 2019 | By Jeff DeFrancisco

Syracuse medical malpractice lawsuits can have multiple complications, especially when the alleged act of medical negligence resulted in a loved one’s death. Part of the reason for this is that the actual plaintiff in such a case is the deceased person’s estate – not his or her survivors. Although family members may ultimately receive the proceeds of the litigation, if it is successful, the action is maintained in the name of the estate, not the individuals. This added layer of complexity means that extra time may be needed in order for all of the appropriate steps to be taken as the case is prepared to be filed, so please act quickly if you have lost a loved one due to a doctor or hospital’s neglect.

Facts of the Case

In a recently decided wrongful death case, the plaintiff was the administrator of the estate of a woman who allegedly died due to medical malpractice by the defendants, a nursing and rehabilitation center and another medical provider. The plaintiff filed suit in the Supreme Court of Nassau County, asserting a wrongful death claim. The defendants filed a motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211(a)(3) and (7) on the basis that the plaintiff lacked the capacity to maintain the action due to alleged disqualification; the plaintiff was not only the administrator of the decedent’s estate, he was also the decedent’s son, one of two distributees of the decedent’s estate, an attorney, and one of three witnesses to the alleged medical negligence at issue.

The trial court agreed with the defendants that the advocate-witness rule barred the plaintiff from acting as counsel for the decedent’s estate and granted their motion to the extent of disqualifying the plaintiff as counsel for the decedent’s estate. The plaintiff appealed.
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New York Appellate Division Affirms Denial of Summary Judgment in Medical Malpractice Wrongful Death Suit

Published on: June 29, 2019 | 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).

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

Published on: April 26, 2019 | 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.

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

Published on: January 4, 2019 | 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.

Van Hits Seven Pedestrians, Kills One in Manhattan

Published on: November 23, 2018 | 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

Brain injury basics

Published on: May 16, 2013 | 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.