In medical malpractice cases, the parties will usually disagree on issues like liability and damages. In such matters, the courts will generally determine that there is a factual dispute sufficient to require a trial. In other words, it is unusual for a court to rule in favor of one party…
Strokes are critical medical events that require immediate care. As such, doctors that fail to provide stroke patients with a prompt diagnosis and treatment may inadvertently cause them to suffer irreparable harm. People hurt by the negligent management of strokes can seek compensation for their losses, but even in cases…
Many health care facilities in New York are owned and operated by public corporations. A patient that sustains harm due to incompetent medical care at a hospital owned by a public corporation has the right to pursue damages via medical malpractice claims, but they must adhere to specific notice requirements.…
People suffering from critical medical issues are often transported to the hospital by emergency medical technicians (EMTs) via an ambulance. EMTs are expected to employ reasonable care when transporting patients, and if they do not, it can result in injuries. In some cases, though, a person injured by the negligence…
The average person usually lacks an understanding of the standard of care imposed on medical professionals. As such, in most medical malpractice cases both sides will retain medical experts to explain to the judge or jury what is required under the applicable standard of care and to offer an opinion…
Doctors have an obligation to provide their patients with competent care, and doctors that fail to uphold this duty may be deemed liable for medical malpractice. Medical malpractice can only arise in the context of a treatment relationship, however. In other words, if there is no patient-doctor relationship between an…
New York is home to many hotels that countless people stay in each year. People visiting hotels typically anticipate that they will have a safe and enjoyable experience, but it is not uncommon for hotel guests to encounter dangerous conditions that cause them to trip and fall. Fortunately, many people…
It is not uncommon for people in facilities owned and operated by the federal government to receive medical care during their stay. If they subsequently suffer harm due to incompetent care, they may be able to seek recourse, but the nature of their claims depends in part on the egregiousness…
Biopsies are routine procedures commonly used for diagnostic purposes. Although biopsies are relatively low-risk, they can nonetheless cause injuries if they are not performed properly and may form the basis of medical malpractice claims. As with all civil claims, though, they must be filed within the applicable statute of limitations;…
Most people will be involved in collisions at some point in their lives, and while some are fortunate to walk away unharmed, others sustain injuries that are not only painful but also costly to treat. Simply because a person suffers harm in an accident does not mean that they will…