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…
Car accidents are common throughout New York, and in many instances, they cause not only property damage but also significant injuries. Fortunately, parties harmed in collisions caused by reckless drivers can often recover damages in civil lawsuits. While in most car accident cases, the courts will find that there are…
Generally, parties cannot be held responsible for harm caused by the criminal acts of other individuals. There are exceptions, though, that would allow for the imposition of liability. For example, in a recent New York opinion, a court examined whether an airline could be deemed accountable for one passenger’s sexual…
People who suffer from concerning symptoms will typically present to their doctor to obtain a diagnosis and any necessary treatment. If a doctor fails to conduct the tests needed to obtain an accurate view of a patient’s health or neglects to advise them of the risks associated with a proposed…
Mistakes made by medical professionals tending to a mother during labor and delivery can have devastating consequences and may constitute grounds for pursuing medical malpractice claims. Defendants accused of medical negligence rarely admit liability, however, and in fact, in most cases, will assert that the court should find in their…
Defendants in New York medical malpractice cases will often not only deny liability but will also assert that the evidence so clearly demonstrates their lack of fault that they should be granted judgment in their favor as a matter of law. A defendant seeking summary judgment in a medical malpractice…
In most medical malpractice cases filed in New York, the plaintiff has the right to choose the venue where the matter will be heard. There are exceptions to the general rule, though, such as in cases in which the parties entered into an agreement containing provisions relating to forum selection.…