Delays in obtaining an accurate diagnosis can have grave consequences. As such, doctors who carelessness neglect to provide their patients with a timely diagnosis should be held accountable. A plaintiff harmed by a doctor’s inattentive care can often recover damages for medical malpractice, but if the doctor was a federal…
Generally, in medical malpractice cases, plaintiffs will present evidence of the harm suffered and ask the jury to issue a verdict in their favor but will not request a specific damages amount. As such, what constitutes an appropriate amount of compensation is typically within the purview of the jury. If…
It is not uncommon for patients to suffer complications after surgical procedures, and in many instances, such complications are preventable and only arise due to the careless acts of one of the doctors involved in the surgery. The mere occurrence of an adverse event, however, does not necessarily indicate a…
The outcome of medical malpractice cases rests squarely on how the judge and jury view the evidence presented by the parties. Thus, while a plaintiff may believe her evidence to be compelling and sufficient to obtain a verdict in her favor, the outcome of the case may indicate otherwise. While…
Many state-owned and operated facilities house individuals on a short-term or long-term basis. It is not uncommon for people confined in such facilities to require medical care, and if their requests are denied or the care is incompetently rendered, it can cause serious harm. As such, people injured by negligent…
Many people who require medical tests or procedures use insurance to pay for the services they receive. While insurance companies often conduct reviews to determine if care is necessary, they do not provide medical care. Thus, as discussed in a recent opinion issued in a New York case, they generally…
While most medical malpractice cases arise out of the failure to provide patients with treatment that complies with the applicable standard, some allege that the defendant violated the duties owed to the plaintiff by failing to adequately explain the risks associated with a treatment prior to prescribing it to the…
In a New York medical malpractice case, there is a strong preference that matters be determined on their merits. This means, among other things, that such a case is rarely dismissed for failure to comply with discovery requests during the litigation process. Generally speaking, the courts prefer to use less…
Syracuse Medical malpractice cases tend to involve multiple parties and a myriad of legal issues. Typically, all of the patient’s claims are tried in the same trial, complicated though it may be. Occasionally, however, either the patient or the medical provider may ask that the issues be severed and that…
In a Syracuse medical malpractice case, the plaintiff has the burden of proving that the defendant medical provider breached the applicable standard of care. This standard must be determined on a case-by-case basis because not every doctor, nurse, or medical clinic owes a patient the same duty. For instance, physicians…