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Articles Posted in Medical Malpractice

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New York Court Discusses Evidence of Lack of Informed Consent

Doctors have an obligation to not only provide their patients with competent care but also to advise them of their treatment options and the potential benefits and disadvantages of each choice. If a doctor fails to adequately inform a patient of the risks of a procedure and the patient subsequently…

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New York Court Discusses the Standard of Care in Medical Malpractice Cases

It is not uncommon for people who suffer fractures to undergo care with multiple providers; if they subsequently suffer complications, each provider may ultimately be deemed responsible for their losses. Whether a medical malpractice case involves one or many defendants, though, the plaintiff must establish a deviation from the accepted…

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New York Court Examines Proximate Cause in Medical Malpractice Matters

In any medical malpractice matter, the plaintiff must show not only that the defendant failed to abide by the prevailing standard of care but also that the defendant’s deviation from the standard of care proximately caused the plaintiff to suffer harm. If the plaintiff does not meet this burden, their…

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Court Discusses Demonstrating Liability for Medical Malpractice Under New York Law

It is not uncommon for a patient to undergo multiple procedures for a single medical issue. While typically, such treatment will offer them relief, in some cases, it will unfortunately result in compounded harm. In such cases, more than one provider may be deemed liable, as demonstrated in a recent…

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New York Court Discusses Medical Malpractice Versus Ordinary Negligence

In New York, EMTs providing ambulance services constitutes healthcare. As such, if they render their services improperly, they can be liable for medical malpractice. Not all duties performed by EMTs require an analysis of the standard of care imposed on health professionals, however, as some errors merely constitute negligence. In…

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New York Court Expert Qualifications in Medical Malpractice Cases

Medical malpractice cases often hinge on the qualifications of expert witnesses and the interpretation of applicable standards of care. As such, the disqualification of a party’s expert witness can be devastating to their case. Recently, a New York court discussed expert qualifications in a medical malpractice case in which it…

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Hypoxic-Ischemic Encephalopathy (HIE)

For parents, the worries associated with impending parenthood begin long before their child is born. Unfortunately, birth injuries can occur at any time during pregnancy, labor, and delivery, or the postnatal period. One of the most serious birth injuries is hypoxic-ischemic encephalopathy (HIE).  Hypoxic-ischemic encephalopathy (HIE) is a type of…

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