Medical malpractice often occurs simultaneously with other wrongs. Thus, a person harmed by incompetent medical care may not only assert medical malpractice claims against their provider but may set forth other claims as well. In many instances, claims accompanying medical malpractice claims arise under federal law and are pursued in…
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…
The COVID-19 pandemic wreaked havoc on most aspects of life, but the healthcare industry probably felt the effects the most. In recognition of the difficulties in diagnosing and treating COVID-19 early in the pandemic, the New York legislature enacted EDTPA (the Emergency or Disaster Treatment Protection Act), which rendered healthcare…
The federal government and its employees have sovereign immunity against tort claims, but the Federal Tort Claims Act (FTCA) waives such immunity in certain cases. Among other things, the FTCA allows people harmed by negligent care in a federally funded medical facility to seek damages through medical malpractice claims. The…
While there are risks associated with most surgical procedures, patients are usually aware of the potential complications that can arise and choose to proceed regardless. In some instances, though, mistakes made during surgery can cause a patient to suffer unanticipated injuries that not only cause physical pain but also lead…
Emergency medical service (EMS) providers offer critical care to people suffering from acute health concerns. As with any medical care, however, people have the option of declining the treatment EMS providers offer. As discussed in a recent opinion issued in a New York medical malpractice case, if a person rejects…
The COVID-19 pandemic caused many people, including those living in federal facilities, to suffer irreparable harm. In some instances, such harm was brought about or exacerbated by the failures of medical professionals. While people harmed by the negligent rendering of care in a federal facility have the right to pursue…
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…
New York law dictates that people pursuing damages in medical malpractice cases must prosecute their claims diligently. In other words, if they cause unnecessary delays in moving the case forward, they may be sanctioned. In some cases, such sanctions can include the dismissal of the plaintiff’s claims. Dismissal is a…