Syracuse Medical Malpractice and Personal Injury Lawyer Blog

Court Explains Establishing the Standard of Care in New York Medical Malpractice Cases

Published on: April 29, 2026 | By DeFrancisco & Falgiatano

Medical malpractice claims involving emergency care and patient transfers often raise complex questions about decision-making authority, applicable protocols, and whether healthcare providers followed accepted standards under rapidly evolving circumstances. Courts must carefully evaluate expert testimony to determine whether alleged deviations are supported by recognized medical standards or are merely speculative assertions. A recent New York appellate ruling highlights how unsupported expert opinions can undermine a malpractice claim and lead to dismissal before trial. If you or a loved one suffered harm during a hospital stay, it is wise to speak to a Syracuse medical malpractice attorney about your potential claims.

History of the Case

Allegedly, the plaintiff commenced a medical malpractice action on behalf of a patient, asserting that the defendants failed to provide appropriate care during a hospital transfer, resulting in injury.

It is alleged that the patient was under medical care at a hospital and later transferred to another institution for further treatment, and that the plaintiff claims the defendants deviated from accepted standards during the transfer. Continue Reading ›

Court Discusses Statute of Limitations in New York Medical Malpractice Cases

Published on: April 14, 2026 | By DeFrancisco & Falgiatano

Medical malpractice cases often involve not only questions of negligent care but also strict procedural requirements that can determine whether a case proceeds at all. When a patient alleges a failure to diagnose a serious condition, courts must carefully evaluate both the timeline of treatment and whether the claim was timely filed under applicable laws. A recent New York decision demonstrates how defendants must provide clear evidentiary support when seeking dismissal on procedural grounds, particularly in cases involving ongoing medical treatment. If you or a loved one suffered harm due to a delayed diagnosis, taking prompt legal action is essential, and you should speak with a Syracuse medical malpractice attorney as soon as possible to protect your rights.

Facts and Procedural History

Allegedly, the plaintiff commenced a medical malpractice action seeking damages for failure to timely diagnose and treat a serious medical condition, asserting that the defendants’ care resulted in advanced illness and significant harm.

It is alleged that the plaintiff was a long-term patient of the defendant hospital system and ultimately learned of a severe diagnosis after an extended period of treatment, which she claims should have been identified earlier through proper medical care. Continue Reading ›

Court Examines Procedural Requirements in New York Medical Malpractice Cases

Published on: March 19, 2026 | By DeFrancisco & Falgiatano

Procedural requirements often play a critical role in medical malpractice litigation, particularly those designed to screen out unsupported claims at an early stage. One such requirement is the certificate of merit, which confirms that counsel has consulted with a qualified medical professional before commencing suit. However, courts must also balance strict compliance with fairness and the underlying purpose of the statute. A recent New York decision highlights how courts address noncompliance with this requirement and when dismissal is not the appropriate remedy. If you are interested in pursuing a malpractice claim, it is advisable to speak to a Syracuse medical malpractice attorney who can help ensure that your rights are protected.

Procedural Setting and Facts of the Case

Allegedly, the plaintiffs commenced a medical malpractice action asserting departures from accepted medical practice and lack of informed consent against multiple physician defendants and a medical institution.

It is alleged that the plaintiffs failed to file and serve a certificate of merit with the complaint, as required by statute in medical malpractice actions. Continue Reading ›

Court Explains Treatment of Conflicting Evidence in New York Medical Malpractice Cases

Published on: March 15, 2026 | By DeFrancisco & Falgiatano

Birth injury cases often turn on complex medical judgments made during labor and delivery, particularly when high-risk factors are present and rapid decisions are required. Courts must carefully evaluate whether providers complied with accepted standards of care and whether patients were adequately informed of the risks. A recent New York case highlights how conflicting expert opinions can prevent dismissal of serious medical malpractice claims, especially in cases involving delayed surgical intervention and informed consent. If your family has been affected by a birth-related injury, you should consider speaking with a Syracuse medical malpractice attorney to better understand your legal options and protect your rights.

Facts and Procedural History

Allegedly, the plaintiffs commenced a medical malpractice action arising from the labor and delivery of an infant, asserting that the defendants failed to timely perform a cesarean section and improperly managed a trial of labor after a prior cesarean, resulting in a uterine rupture and catastrophic neonatal injuries.

It is alleged that the mother presented with multiple high-risk factors, including a prior cesarean section, advanced maternal age, and other medical conditions, yet was permitted to attempt a vaginal delivery with induction and augmentation of labor. Continue Reading ›

Court Explains Substitution Requirements in New York Medical Malpractice Cases

Published on: February 22, 2026 | By DeFrancisco & Falgiatano

Medical malpractice claims do not succeed on substantive allegations alone. Procedural compliance, particularly following the death of a party, plays a critical role in determining whether a claim may proceed at all. Courts strictly enforce rules governing substitution of parties and timeliness, and failure to act diligently can result in dismissal regardless of the underlying merits. A recent New York decision highlights how delays, insufficient expert support, and procedural missteps can derail a malpractice claim before it ever reaches trial. If you are considering pursuing a medical negligence claim, you should consult a Syracuse medical malpractice attorney to discuss the substantive and procedural requirements of your case.

History of the Case

Allegedly, the claimant commenced an action seeking damages for medical malpractice arising from care rendered to a decedent at a state-operated medical facility. Shortly after initiating the claim, the claimant died, and an executor was appointed to represent the estate, necessitating the substitution of a proper party to continue the litigation.

Reportedly, the court issued an order dismissing the claim after counsel failed to appear at multiple scheduled conferences, leaving the action in a procedurally vulnerable posture. More than two years after the claimant’s death, the executor moved to vacate the dismissal, lift the stay imposed due to the death, and substitute as the claimant, while the defendant cross-moved to dismiss based on failure to timely substitute. The trial court denied the executor’s motion and granted the defendant’s cross-motion, prompting an appeal challenging those determinations. Continue Reading ›

Court Examines Expert Qualifications in New York Medical Malpractice Cases

Published on: February 17, 2026 | By DeFrancisco & Falgiatano

In medical malpractice cases, expert testimony often determines whether a plaintiff can present a viable claim to a jury. Courts must carefully balance the need for reliable expert opinions with the recognition that medicine involves overlapping knowledge across specialties. When trial courts apply overly restrictive standards to expert qualifications, they risk prematurely ending otherwise valid claims. As demonstrated in a recent New York decision, improper exclusion of expert testimony can lead to reversal and a new trial. If you suffered harm due to a surgical error, you should consider consulting with a Syracuse medical malpractice attorney to discuss what evidence you must produce to recover damages.

Factual Setting and Procedural History

Allegedly, the plaintiff commenced an action seeking damages for medical malpractice arising from a surgical procedure in which the decedent sustained a serious vascular injury during a minimally invasive operation. The defendant performed a robotic-assisted laparoscopic adrenalectomy during which a major vein was damaged, leading to complications that formed the basis of the malpractice claim.

Reportedly, the case proceeded to trial, where the plaintiff sought to introduce testimony from a board-certified general surgeon to establish the applicable standard of care and to allege departures from it during the procedure. The trial court granted the defendants’ oral motion to preclude the plaintiff’s expert from testifying on the ground that the expert lacked specific experience with robotic-assisted procedures, and subsequently granted an oral motion to dismiss the complaint. Continue Reading ›

New York Court Explains the Role of Expert Disputes in Medical Malpractice Claims

Published on: January 23, 2026 | By DeFrancisco & Falgiatano

Medical malpractice cases involving delayed diagnosis often turn on whether a physician reasonably evaluated symptoms and acted promptly to rule out serious conditions. When a patient presents with evolving or atypical symptoms, disputes frequently arise over whether diagnostic testing should have been ordered sooner and whether any delay caused avoidable harm. A recent opinion from a New York court illustrates how courts assess competing expert opinions at the summary judgment stage and reaffirms that medical malpractice claims should proceed to trial when factual disputes remain unresolved. If you believe a delayed diagnosis worsened their medical outcome, you should consider speaking with a Syracuse medical malpractice attorney about your options.

Case Setting

It is reported that the plaintiff sought medical care from an internist after experiencing severe abdominal pain. During that visit, the physician ordered blood work and advised the plaintiff to arrange a computed tomography scan. The initial examination did not result in immediate emergency imaging, and the plaintiff was sent home pending further evaluation.

Allegedly, the following day, the physician contacted the plaintiff to discuss blood test results that showed elevated white blood cell and neutrophil levels. During that conversation, the plaintiff informed the physician that she had gone to an emergency department the prior evening and had been diagnosed with a urinary tract infection. The physician advised the plaintiff to obtain a CT scan if her symptoms worsened. Continue Reading ›

New York Court Discusses Procedural Requirements in Medical Malpractice Claims

Published on: January 18, 2026 | By DeFrancisco & Falgiatano

Medical malpractice claims often hinge not only on whether a healthcare provider departed from accepted standards of care, but also on whether a plaintiff successfully navigates the procedural rules governing litigation. Courts are frequently asked to balance strict compliance with filing deadlines against the fundamental policy favoring resolution of claims on their merits. A recent New York ruling addressed whether a medical malpractice action should be dismissed based solely on a delay in serving a complaint, despite allegations of serious treatment-related injuries. If you experienced harm due to negligent medical care, you should consider speaking with a Syracuse medical malpractice attorney to better understand how procedural issues may affect your ability to pursue justice.

Case Background

It is reported that the plaintiff sought treatment at a hospital emergency department after sustaining a traumatic injury to a finger. During the course of that treatment, hospital staff discarded a severed portion of the finger, which allegedly compromised the plaintiff’s medical outcome and resulted in permanent injury.

Allegedly, the plaintiff instituted a medical malpractice action by filing a summons with notice in state court and later served it upon the defendant hospital. After appearing in the action, the defendant demanded service of a formal complaint pursuant to the Civil Practice Law and Rules. Under the applicable statute, the plaintiff was required to serve the complaint within a specified twenty-day period following that demand.

New York Court Examines Discovery of Social Media Posts in Medical Malpractice Cases

Published on: December 20, 2025 | By DeFrancisco & Falgiatano

Medical malpractice and wrongful death litigation often involves deeply personal evidence, particularly when a surviving family member seeks accountability for the loss of a loved one. As social media becomes an increasingly common outlet for grief and emotional support, courts are frequently asked to determine how far discovery may reach into a plaintiff’s private online communications. A recent opinion issued by a New York court addresses whether posts made in a bereavement support group on social media are subject to disclosure in a malpractice and wrongful death action. If you are interested in pursuing malpractice claims, you should consider speaking with a Syracuse medical malpractice attorney to understand how discovery rules may affect your case.

Factual and Procedural Setting

It is reported that the plaintiff commenced an action individually and as executor of the decedent’s estate seeking damages for medical malpractice and wrongful death arising from the decedent’s medical treatment and subsequent death. The defendants included physicians and hospital entities that provided care to the decedent prior to his passing.

Allegedly, during the course of discovery, the defendants sought to continue the plaintiff’s deposition and requested the production of certain messages the plaintiff had posted in a bereavement support group on a social media platform. The defendants asserted that these posts were relevant to issues of damages, including the plaintiff’s emotional condition and loss claims.

Court Addresses Notice Requirements in New York Medical Malpractice Cases

Published on: December 16, 2025 | By DeFrancisco & Falgiatano

People pursuing malpractice claims against public hospitals and municipal healthcare systems must comply with strict procedural requirements that can determine whether a case is ever heard on the merits. One of the most significant hurdles is the timely service of a notice of claim, a prerequisite that often becomes contested in medical malpractice and wrongful death matters involving public entities. A recent decision from a New York court illustrates how courts analyze requests to file a late notice of claim and the consequences of failing to meet statutory standards. If you suffered harm due to medical negligence, you should talk to a Syracuse medical malpractice attorney, as it can be critical to protecting legal rights before procedural deadlines foreclose recovery.

Facts and Procedural History

It is reported that the decedent resided at a facility owned and operated by a municipal healthcare corporation for nearly a year. During that time, the decedent contracted COVID-19 while still a resident of the facility and was later transferred to a separate hospital for acute care.

Allegedly, after the transfer, the decedent’s condition deteriorated, and he died shortly thereafter. Several months later, limited letters of administration were issued appointing the decedent’s daughter as the estate representative, authorizing her to act on behalf of the estate.