Adverse outcomes following medical procedures are often the direct result of malpractice. In some cases, though, a procedure will fail, or a plaintiff will suffer complications despite the fact that the defendant rendered competent care. In such instances, it is unlikely that the defendant will be deemed liable for medical…
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…
When administering tests or treatment, doctors must take care not only not to injure their patients but also not to worsen any existing injury. Doctors that fail to uphold this duty may be liable for medical malpractice. Proving a doctor exacerbated an existing injury may be difficult, as demonstrated in…
Generally, parties in medical malpractice cases will ask a jury, rather than a judge, to determine issues like liability and damages. Even if a jury is tasked with resolving factual disputes, a judge will preside over the case and determine what evidence and questions are permitted. If a judge rules…
Patients typically rely on doctors to not only manage and treat existing medical conditions but also to prevent new conditions from arising. Unfortunately, doctors do not always take the measures necessary to prevent their patients from developing critical illnesses, which can lead to irreparable harm. It may also constitute grounds…
Many people suffer from chronic conditions that they manage through medication. While many drugs have side effects, they are often outweighed by their benefits. If a patient cannot withstand the side effects of a medication, though, their physician may choose another course of care. There are risks associated with stopping…
It is not uncommon for driving to be part of a person’s job description. People operating vehicles for their employers must abide by the same rules as all other motorists, which, among other things, means they must drive in a safe manner. If they drive recklessly and cause a collision…
While negligent driving is the root cause of most car accidents, more than one driver may be held accountable. As such, a plaintiff seeking damages for the harm caused by a collision may name more than one person as a defendant. Additionally, as demonstrated in a recent New York case,…
Generally, people who suffer harm in the workplace cannot pursue personal injury claims against their employers and instead are limited to recovering workers’ compensation benefits. They can seek damages from other parties that may be responsible for their harm, however. Further, in some instances, the law allows for the absolute…
In New York car accident cases, a plaintiff must do more than just show that the defendant’s negligence caused the collision in order to recover damages. Specifically, they must also show that they suffered actual losses due to the collision. Generally, the issue of causation is within the purview of…