Medical malpractice claims require plaintiffs to prove that a healthcare provider’s deviation from the standard of care was a proximate cause of their injuries. If they do not, their claims may be dismissed, as shown in a recent New York decision where the court found that the plaintiff failed to…
During the COVID-19 pandemic, people admitted to healthcare facilities faced an increased risk of harm due to the likelihood of the spread of the disease. As such, the government passed laws largely granting immunity to such facilities during the pandemic. The immunity was not all-encompassing, however, as demonstrated by a…
Medical professionals have an obligation to provide their patients with competent care. If they neglect to do so, thereby causing their patients harm, it may constitute medical malpractice. Not all injuries that occur in the context of medical care constitute medical malpractice, however. In a recent New York opinion, a…
Patients visit a hospital when they’re sick and need treatment to get better. Unfortunately, that doesn’t always happen. Sometimes a person is admitted to a hospital only to find that they contract another illness. Unfortunately, around 1.7 million patients get infections at the hospital on an annual basis, according to…
A plaintiff that wishes to pursue medical malpractice claims generally has the right to determine where to file their case. There are limitations to this general right, however. Specifically, the court must have the authority to exercise jurisdiction over a medical malpractice case, and if it does not, the case…
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…
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…
Many hospitals and medical facilities in New York receive federal funding. If a patient suffers harm due to incompetent care received in such a facility, they can seek damages via medical malpractice claims, but they are bound by a different set of procedural requirements than those pertaining to claims against…
Emergency room doctors encounter a plethora of conditions that vary in severity throughout the course of their day. Regardless of what type of issues they are presented with, however, they have an obligation to offer treatment that complies with the standard of care. If the care they render falls outside…
In medical malpractice cases, the parties will usually disagree on issues like liability and damages. In such matters, the courts will generally determine that there is a factual dispute sufficient to require a trial. In other words, it is unusual for a court to rule in favor of one party…