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Attorneys Jeff D. DeFrancisco and Charles L. Falgiatano
Our Results Speak for ThemselvesWe fight for the rights of clients who have sustained serious injuries or suffered harmful accidents. Our goal is to help each client achieve the best possible outcome.Schedule Your FREE Consultation Today
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Car accidents frequently happen in New York and, in most instances, are brought about by negligent driving. People injured in such crashes, therefore, will frequently pursue claims against the parties responsible for the collision. Defendants in car accident cases will rarely admit fault and may attempt to garner judgment in their favor prior to trial. As shown in a recent New York ruling, though, if there is any dispute regarding the cause of the accident, the court will not dismiss a plaintiff’s claims.  If you were harmed in an auto accident, it is wise to meet with a Syracuse personal injury lawyer to determine what damages you may be able to recover.

The History of the Case

It is alleged that the plaintiff suffered injuries in a collision that occurred on a New York expressway. The accident occurred when the defendant moved into the plaintiff’s lane of travel, colliding with the plaintiff. The plaintiff instituted a personal injury lawsuit against the defendant, alleging that the defendant’s negligence caused the accident and his subsequent injuries. After discovery, the defendant moved to dismiss the plaintiff’s claims via summary judgment. The trial court granted the motion, and the plaintiff appealed.

Evidence of Proximate Cause in Car Accident Cases

On appeal, the court reversed the trial court ruling. The court explained that a driver moving for summary judgment on a negligence claim arising out of a car accident has the burden of showing, prima facie, that they did not cause the collision. Continue reading

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In the context of medical malpractice claims, injured patients may not only seek compensation from the doctors and other health care providers that caused their harm but also from the hospitals or healthcare systems that employ them. As discussed in a recent New York opinion set forth in a medical malpractice case, however, corporate officers and directors of such facilities will not be deemed personally liable for the negligence of facility employees simply due to their positions. If you sustained injuries due to a careless physician, it is in your best interest to talk to a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

Procedural History of the Case

It is reported that the plaintiff suffered harm following a surgical procedure at a hospital. The nature of her underlying condition and subsequent injuries were not disclosed. Regardless, she subsequently instituted a medical malpractice action in which she named the hospital where she received the allegedly negligent care that caused her harm, the doctors that provided her care, and the Chief Operating Officer of the hospital as defendants.

Allegedly, the plaintiff alleged the Chief Operating Officer was liable under a theory of respondeat superior. The Chief Operating Officer moved for the dismissal of the claims against him. The trial court granted the motion, and the plaintiff appealed. Continue reading

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For various reasons, people may be reluctant to hire attorneys to help them pursue medical malpractice claims. In many instances, though, the decision to proceed pro se can be fatal to their case. This was demonstrated recently when a New York federal court dismissed a plaintiff’s medical malpractice claims on the ground that there was no basis for exercising federal jurisdiction. If you were injured by incompetent medical care, you should speak to a Syracuse medical malpractice lawyer to assess your options for seeking damages.

The Factual and Procedural History of the Case

It is reported that the plaintiff filed a lawsuit against the defendant health care providers pursuant to Section 1983, which establishes causes of action for the deprivation of any privileges, rights, or immunities granted by the United States Constitution and laws. Among other things, he asserted a medical malpractice claim against the defendants. His claims arose out of the assertion that while he was confined to a state facility, he was transported to a hospital for evaluation. The defendant health care providers assessed him and treated him. He was discharged after approximately two months.

Allegedly, two days later, he complained of shortness of breath and was transported to a second hospital, where he was diagnosed with respiratory distress and bilateral pneumonia. He was transferred back to the hospital where the defendants worked, where he remained for another month. The plaintiff’s first complaint was dismissed for failure to state a claim; his second amended complaint was before the court. Continue reading

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The COVID-19 pandemic wreaked havoc on most aspects of life, but the healthcare industry probably felt the effects the most. In recognition of the difficulties in diagnosing and treating COVID-19 early in the pandemic, the New York legislature enacted EDTPA (the Emergency or Disaster Treatment Protection Act), which rendered healthcare providers largely immune from liability for harm sustained as a result of medical services in support of the response to the COVID-19 outbreak. Later amendments to EDTPA narrowed the immunity, allowing parties to pursue claims related to COVID-19 care in some circumstances. The amendments do not apply retroactively, though, as explained in a recent New York medical malpractice case. If you suffered harm due to the negligence of a doctor, you should meet with a Syracuse medical malpractice lawyer about your potential claims.

History of the Case

It is reported that the decedent, who was a nursing home resident in March and April 2020, died from COVID-19. She received treatment for her illness from the defendants prior to her death. The plaintiff, the representative of the decedent’s estate, subsequently filed a lawsuit against the defendant asserting numerous causes of action, including medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint, arguing that EDTPA rendered them immune from liability for the plaintiff’s claims. The court granted the defendant’s motion to dismiss. The plaintiff then appealed.

Liability for COVID-19 Related Care

On appeal, the court affirmed the trial court ruling. The court explained that, with the exception of cases involving gross negligence, EDTPA granted health care workers immunity from civil liability for any death or injury that is the direct result of medical services rendered in support of New York’s response to the COVID-19 pandemic. Continue reading

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The federal government and its employees have sovereign immunity against tort claims, but the Federal Tort Claims Act (FTCA) waives such immunity in certain cases. Among other things, the FTCA allows people harmed by negligent care in a federally funded medical facility to seek damages through medical malpractice claims. The FTCA imposes certain requirements that must be met prior to pursuing such claims, however, and if they are not upheld, the injured party may be prohibited from recovering compensation. For example, in a recent opinion issued by a New York court, the plaintiff’s medical malpractice claims were deemed time-barred due to her failure to comply with the notice requirements under the FTCA. If you suffered harm due to the incompetence of a doctor, it is in your best interest to contact a Syracuse medical malpractice lawyer to discuss your rights.

The Facts of the Case

Reportedly, a doctor treated the plaintiff at two different federally funded New York facilities in August 2017. The plaintiff’s care included a surgical procedure that she asserted the defendant performed negligently, causing her to develop an infection, wound disruption, scarring, infertility, and other personal injuries. Thus, the plaintiff proceeded to file a medical malpractice lawsuit against the federal government pursuant to the FTCA, in which she asserted that the treating doctor was its employee and that her negligence caused the plaintiff harm. The defendant moved to dismiss the plaintiff’s claims arguing, among other things, that they were time-barred.

Notice Requirements in Medical Malpractice Cases Arising Under the FTCA

The court agreed with the defendant and granted its motion to dismiss. In doing so, it explained that the FTCA prohibits tort claims against the federal government unless they are presented, in writing, to the appropriate federal agency within two years of when the claim accrues or unless a lawsuit is begun within six months of when such agency mails a notice of final denial of the claim. Continue reading

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New York’s Vehicle and Traffic laws are designed to ensure that people can safely travel the roads and highways throughout the state. When people fail to comply with these laws, it often leads to accidents, and it may constitute negligence per se or negligence as a matter of law. Recently, a New York court discussed negligence per se in the context of a motorcycle collision, in a matter in which it ultimately granted summary judgment in favor of the plaintiff. If you were hurt in a collision caused by a negligent driver, it is in your best interest to speak to a Syracuse personal injury lawyer about what claims you may be able to pursue.

The Factual and Procedural Background of the Case

It is alleged that the plaintiff was operating his motorcycle on a New York road when the defendant, who was approaching from the other direction, made a sudden left turn into the plaintiff’s path of travel. The plaintiff and defendant collided, and the plaintiff suffered significant injuries in the accident. He filed a personal injury lawsuit against the defendant, asserting that the defendant’s negligence caused the accident and his subsequent harm. He then filed a motion for summary judgment on the issue of liability and asked the court to dismiss the defendant’s affirmative defenses. The court denied the motion, and the plaintiff appealed.

Negligence Per Se in the Context of Car Accidents

On appeal, the court reversed the trial court ruling and granted summary judgment in favor of the plaintiff. In doing so, it explained that a violation of New York’s Vehicle and Traffic laws constitutes negligence as a matter of law. In other words, a person driving a vehicle with the right of way is entitled to presume that a motorist approaching from the other direction will yield the right of way in accordance with the law. Continue reading

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Slip and fall accidents happen with regularity in superstores, and in most instances, they are caused by liquid or other slippery substances that have spilled onto the ground. Store owners have an obligation under the law to maintain their premises in a safe condition, and they can be held accountable for the harm that arises out of slip and fall incidents. As explained in a recent ruling issued by a New York court, however, a store owner will only be deemed liable if the injured party can show that the owner knew or should have known of the presence of the condition that caused the fall. If you suffered injuries in a fall that happened while you were shopping, it is smart to talk to a Syracuse personal injury lawyer to evaluate whether you may be able to recover compensation in a civil lawsuit.

The Facts of the Case

Reportedly, the plaintiff was shopping at the defendant’s superstore in March 2020 when he slipped and fell in a puddle of pasta sauce in one of the store’s aisles. The sauce had not yet congealed but was still liquid at the time of the fall, and both the floor and the sauce were white. The plaintiff did not notice the sauce before he fell, and he reported that other than the puddle, the floor was clean.

It is alleged that the plaintiff filed a premises liability lawsuit against the defendant, alleging its negligent failure to maintain the store in a safe condition caused the plaintiff’s fall and subsequent injuries. The defendant moved for summary judgment on the grounds that the plaintiff failed to show that the defendant had actual or constructive notice of the spill prior to the plaintiff’s fall. Continue reading

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While there are risks associated with most surgical procedures, patients are usually aware of the potential complications that can arise and choose to proceed regardless. In some instances, though, mistakes made during surgery can cause a patient to suffer unanticipated injuries that not only cause physical pain but also lead to anxiety and depression. Recently, a New York court discussed a doctor’s assertion that physical harm caused by medical negligence could not impact a patient’s mental health status, in an opinion in which it ultimately rejected the doctor’s argument. If you were injured during a carelessly performed procedure, you have the right to seek compensation for your harm, and you should speak to a Syracuse medical malpractice lawyer to determine what evidence you must offer to establish liability.

The Plaintiff’s Allegations

It is reported that the defendant performed a hysterectomy on the plaintiff in September 2014. During the procedure, the defendant mistakenly cut the plaintiff’s right ureter. As a result, the plaintiff subsequently suffered from depression, difficult and painful urination, kidney and bladder dysfunction, and other issues. Accordingly, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging his negligence caused her harm. The defendant moved for dismissal via summary judgment, but the court denied his motion. He then appealed.

A Doctor’s Liability for Mental Harm Caused by Medical Malpractice

On appeal, the court held that the trial court properly denied the defendant’s motion for summary judgment but clarified that it should have done so on different grounds. Specifically, the court noted that the medical expert affidavit submitted by the defendant neglected to address the plaintiff’s alleged psychological harm. Continue reading

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Emergency medical service (EMS) providers offer critical care to people suffering from acute health concerns. As with any medical care, however, people have the option of declining the treatment EMS providers offer. As discussed in a recent opinion issued in a New York medical malpractice case, if a person rejects an offer for such care, they are most likely precluded from pursuing medical malpractice claims against the providers on the grounds that they failed to provide them with adequate medical treatment. If you sustained harm because of the negligence of a medical professional, you have the right to seek compensation, and it is in your best interest to meet with a Syracuse medical malpractice lawyer to discuss what damages you may be owed.

Facts of the Case

It is reported that the plaintiff and his brother became involved in a physical altercation with a third party. Police responded to the scene of the altercation and, at some point, took the plaintiff down to the ground. EMS providers responded to the scene as well. The EMS providers cleared the plaintiff for transport, and he was taken to a police facility.

It is alleged that while he was there, he suffered a seizure. It was later determined that he had sustained a subdural hematoma, and he underwent an emergency craniotomy. The plaintiff filed a lawsuit against the city that employed the EMS providers setting forth claims that the providers committed medical malpractice and negligently treated the plaintiff. The EMS providers moved for summary judgment, but the court denied their motion. They then appealed. Continue reading

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The COVID-19 pandemic caused many people, including those living in federal facilities, to suffer irreparable harm. In some instances, such harm was brought about or exacerbated by the failures of medical professionals. While people harmed by the negligent rendering of care in a federal facility have the right to pursue compensation for their losses, they must make sure that their claims are properly pleaded and pursued in the appropriate forum otherwise, as illustrated in a recent New York ruling issued in a medical malpractice case, they may be dismissed. If you were injured by the carelessness of a healthcare provider, you might be owed damages, and you should speak to a Syracuse medical malpractice lawyer about your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiff was confined to a facility owned and operated by the federal government during the COVID-19 pandemic. The plaintiff, who suffers from several chronic health conditions, alleged that the medical professionals that worked at the facility failed to take the measures necessary to protect him from pandemic-related health risks. Thus, he filed a lawsuit against the federal government, asserting claims of deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights and medical malpractice. The federal government then moved to dismiss his claims.

Federal Court Jurisdiction Over State Law Medical Malpractice Claims

The court first assessed the plaintiff’s claims that the defendant violated his Eighth Amendment rights via its employees’ deliberate indifference to his critical medical needs, finding that the allegedly harmful actions failed to rise to the level necessary to meet the elements of his claim. As such, it granted the defendant’s motion to dismiss as to those claims. Continue reading

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