In some cases, multiple health care providers will contribute to a patient’s harm. As such, the patient may pursue medical malpractice claims against numerous providers on more than one basis. Each claim will be evaluated individually, though, and while some claims may be adequate, others may be dismissed. This was…
In New York medical malpractice cases, it is not uncommon for a defendant to seek dismissal prior to trial. In most instances, they will do so by filing a motion asking the court to grant summary judgment in their favor. If they meet their evidentiary burden with regards to the…
Most plaintiffs pursuing medical malpractice claims will rely on a jury rather than a judge to decide issues of liability and damages. As juries are comprised of human beings, though, they are not immune to mistakes, and in some cases, they fail to rule in accordance with the evidence. Luckily,…
Many medical treatments carry some degree of risk. As such, doctors must fully advise patients of the potential side effects and adverse consequences of a treatment so that the patient can make an educated decision regarding whether to proceed. If a doctor fails to do so, they may be liable…
The New York legislature is wary of people filing medical malpractice lawsuits and then delaying the resolution of their claims. As such, it drafted a statute that allows defendants to compel a plaintiff to move a case forward within 90 days, otherwise, it may be dismissed. Defendants cannot use the…
Expert testimony is essential in New York medical malpractice cases. Specifically, the success of a plaintiff’s claims may hinge on the strength of their expert’s opinion. Similarly, defendants often rely on expert opinions in support of their assertion that they should not be deemed liable for the plaintiff’s harm. In…
If a person suddenly dies shortly after a medical procedure, their surviving family members may be inclined to think their demise was caused by incompetent medical care. Belief alone is not sufficient to establish liability for medical malpractice, however. In other words, a plaintiff must produce sound evidence showing that…
In many medical malpractice cases, the plaintiff can pinpoint the precise acts that led to their harm. In some matters, though, the plaintiff will rely on the fact that the harm they suffered would not have occurred absent negligence, in support of their assertion that the defendant committed medical malpractice.…
Expert testimony is essential in a medical malpractice case, and without it, a plaintiff most likely cannot establish liability or damages. As such, if the court refuses to allow a plaintiff’s expert to testify, it will most likely cripple their case. While there may be grounds for precluding some of…
When a patient suffers harm after receiving medical care, their inclination may be to seek compensation from the provider that they believe caused their harm. Merely because a plaintiff sustained injuries does not mean that they will be able to establish that their losses were caused by medical malpractice, though.…