Syracuse Personal Injury Law Blog

People harmed by negligent medical care have the right to pursue medical malpractice claims against their providers, but they must act promptly; otherwise, their claims may be dismissed as untimely. Specifically, under New York law, medical malpractice lawsuits must be filed within two years and six months of the date of the alleged harm. Certain exceptions may apply, though, like the continuous treatment doctrine, that allow for the tolling of the statute of limitations. Recently, a New York court discussed the continuous treatment doctrine in a case in which it denied the defendant’s motion to dismiss the plaintiff’s claims as untimely. If you suffered harm because of a doctor’s incompetence, it is wise to talk to a Syracuse medical malpractice lawyer as soon as possible to determine what claims you may be able to pursue.

The Facts of the Case

It is alleged that the plaintiff presented to the defendant institute in October 2007 for assessment of head and neck pain. The defendant’s doctors diagnosed her with numerous disorders and recommended that she receive treatment at the defendant hospital. She subsequently underwent five surgical procedures at the defendant hospital between May 2008 and November 2012.

Reportedly, the plaintiff was misdiagnosed, and the surgeries were unnecessary. As such, she filed a lawsuit against the defendants, asserting medical malpractice and lack of informed consent claims. After the parties conducted discovery, the defendants moved for summary judgment on the grounds that the plaintiff’s claims were untimely. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

In New York medical malpractice cases, defendants will often not only deny liability but will ask the courts to dismiss the plaintiffs’ claims against them on the grounds that they cannot be deemed liable as a matter of law. If a court finds that there are factual disputes that need to be resolved by a jury, however, it will deny a defendant’s request for judgment in their favor, as shown in a recent New York ruling issued in a medical malpractice case. If you were hurt because a doctor rendered your care in a negligent manner, you should speak to a Syracuse medical malpractice attorney to determine what evidence you must offer to recover damages.

The Facts of the Case

Allegedly, the decedent underwent a routine cholecystectomy at the defendant’s medical center. She was discharged the same day as the procedure. The next day, she was taken by ambulance to the emergency department of the medical center with complaints of abdominal and chest pain that worsened with breathing. She was examined and underwent tests, after which it was determined that she did not have a pulmonary embolism.

It is reported that the decedent was diagnosed with pleuritic chest pain and discharged. Tragically, one week later, she passed away due to a pulmonary embolism. Her estate subsequently filed a wrongful death and medical malpractice lawsuit against the defendant. Following discovery, the defendant moved for summary judgment in its favor. The trial court denied the motion, and the defendant appealed. Continue Reading ›

An inaccurate diagnosis can lead to improper treatment, the progression of illnesses, and other losses. While, in most instances, harm is caused by a missed diagnosis, patients can also suffer injuries if they are incorrectly diagnosed with an illness that they do not have. Recently, a New York court examined whether the administration of hospice care following an erroneous cancer diagnosis constitutes medical malpractice, ultimately determining that it did not. If you suffered harm because of a missed or wrong diagnosis, you might be owed damages, and you should speak to a Syracuse medical malpractice attorney about your possible causes of action.

The Plaintiff’s Allegations

It is alleged that the plaintiff presented to the defendant cancer center to determine whether he had pancreatic cancer. Six months later, he presented to the defendant hospice center with complaints of weakness and abdominal pain and, per the hospice center, a diagnosis of Stage IV pancreatic cancer. The plaintiff underwent an evaluation and was admitted to the hospice floor for ninety days. After forty days, he was transferred to the defendant palliative care center, where he was monitored by the defendant doctor.

Reportedly, the defendant did not have pancreatic cancer. As such, he subsequently filed a lawsuit against the defendants asserting several causes of action, including medical malpractice. The defendant doctor center moved for summary judgment. Continue Reading ›

People expect that the care they receive from their doctors will help them maintain or improve their health. Sadly, however, some physicians fail to provide their patients with competent care, ultimately causing them harm instead of helping them. People hurt by negligent medical care have the right to pursue claims against their health care providers, but merely because injuries arise in the context of medical care does not mean that they are the result of medical malpractice. Thus, if a plaintiff cannot prove the elements of their medical malpractice claims, they may be denied damages, as discussed in a recent New York ruling. If you sustained losses because of the negligence of a doctor, you have the right to seek compensation, and you should confer with a Syracuse medical malpractice lawyer as soon as possible.

The Facts of the Case

It is alleged that the plaintiff presented to the defendants with complaints of stomach pain and gastrointestinal distress. She was eventually diagnosed with colitis and an intestinal infection. She subsequently filed a medical malpractice lawsuit against the defendants, alleging they committed negligence by failing to provide her with a prompt and accurate diagnosis. After the parties completed discovery, the defendants moved for summary judgment dismissal of the plaintiff’s claims. The court granted the defendants’ motion, and the plaintiff appealed.

Elements of a New York Medical Malpractice Claim

On appeal, the court affirmed the trial court ruling. The court explained that pursuant to New York law, a plaintiff seeking to establish a doctor is liable for medical malpractice must establish that the doctor deviated or departed from the accepted standard of practice in the community and that the departure proximately caused the plaintiff to suffer injuries. Continue Reading ›

Medical malpractice often occurs simultaneously with other wrongs. Thus, a person harmed by incompetent medical care may not only assert medical malpractice claims against their provider but may set forth other claims as well. In many instances, claims accompanying medical malpractice claims arise under federal law and are pursued in federal courts. Federal courts have the right to exercise supplemental jurisdiction over medical malpractice claims and other matters arising under state law. They may opt not to exercise that right in cases in which they dismiss the federal causes of action, though, as shown in a recent New York ruling issued in a medical malpractice case filed in federal court. If you were harmed by incompetent medical care, it is smart to talk to a Syracuse medical malpractice lawyer about your rights.

History of the Case

It is reported that when the plaintiff was confined to a federal facility, he demonstrated and complained of symptoms of obstruction of the bladder and urethra. The medical providers working at the facility failed to heed his complaints, however, disregarding them as drug-seeking efforts. He underwent examination and testing but did not receive any diagnosis or treatment for his symptoms.

Allegedly, following his release, a doctor diagnosed the plaintiff with bladder cancer. As the cancer had metastasized throughout his body, his prognosis was poor. He subsequently filed a lawsuit in the federal district naming the facility and the doctors that provided his care during his confinement as defendants and asserting federal and state law claims. The defendants moved for summary judgment on the federal claims, which the court granted. The court then addressed the issue of the plaintiff’s medical malpractice claims. Continue Reading ›