Syracuse Medical Malpractice Lawyer Blog

Syracuse medical malpractice lawyer Anthony S. Bottar, managing partner of Bottar Leone, PLLC, one of Upstate New York's oldest law firms with a practice limited to medical malpractice, wrongful death, birth injuries, work injuries, brain injuries, and product/premises liability, was elected president of the New York State Academy of Trial Lawyers, an organization dedicated to protecting, preserving and enhancing the civil justice system.

The New York State Academy of Trial Lawyers boasts a membership of more than 1400 judges, law clerks, law firms, lawyers, paralegals and law students, including: Syracuse medical malpractice lawyers handling cases concerning stroke misdiagnosis, failure to diagnose cancer and failure to prevent a heart attack; Syracuse work injury lawyers handling cases concerning construction site accidents, scaffolding accidents and injuries caused by a fall from a height; Syracuse birth injury lawyers handling cases concerning fetal hypoxia and ischemia, cerebral palsy and Erb's palsy; Utica brain injury lawyers handling cases concerning concussions, post-concussion symdrome and TBI; Watertown medical malpractice lawyers handling cases concerning Samaritan Medical Center negligence and Fort Drum physician mistakes; and Watertown injury lawyers handling New York State Thruway accidents.

The Food and Drug Administration recently released a proposal to modify informed consent rules that apply to clinical trials. If the proposal is adopted, all clinical trials will have to be accompanied by a statement that "clinical trial information for such clinical trial investigations has been or will be submitted to the National Institutes of Health/National Library for inclusion in the clinical trial registry databank."

Informed consent is a legal procedure where a doctor presents a patient with information about a procedure -- including the potential benefit, risks, and available alternatives -- so that the patient can make an informed decision about whether to undergo/forego a test, surgery or clinical trial. A patient must have legal or mental competency to provide informed consent. That is, minors cannot give consent, nor can people who are not competent because of duress, injury, drugs, alcohol, dementia and/or mental retardation. Where a doctor performs a surgery or procedure without securing informed consent he or she may be liable for professional negligence.

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