Generally, car accidents are caused by reckless driving. Thus, a person injured in a car crash will typically seek compensation from the driver they deem responsible for the collision. Defendants rarely concede their liability, but unless they can establish a non-negligent reason for an accident, they may be deemed culpable.…
Even seemingly minor rear-end collisions can cause significant injuries. Although the second driver in a rear-end crash is typically deemed responsible, the first driver must nonetheless prove fault and that the accident caused them to suffer harm in order to recover damages. It is not uncommon in lawsuits arising from…
People tend to think of strokes as something that impacts older individuals, but people of all ages, including infants, can suffer strokes. Babies do not regularly experience strokes, so if they present to an emergency room with symptoms of a cerebrovascular episode, they may be misdiagnosed. A prompt diagnosis and…
In New York medical malpractice cases, the plaintiff initially bears the burden of proof. Specifically, the plaintiff must show that the defendant departed from the accepted and good practice of medicine, thereby causing the plaintiff to suffer harm. As such, if a defendant wishes to obtain dismissal via summary judgment,…
Expert testimony is a key component of New York medical malpractice cases. There are numerous differences between the testimony offered by lay and expert witnesses, including the fact that expert opinions must be grounded on reliable methodologies and deductions. If a party disputes the reliability of an expert’s methods, they…
The COVID-19 pandemic touched most aspects of people’s lives, including in some cases, what courts have jurisdiction over claims against healthcare providers. Specifically, the Public Readiness and Emergency Preparedness Act (PREP Act) grants federal courts jurisdiction over certain matters related to the COVID-19 pandemic. As explained by a New York…
In New York, medical malpractice actions are subject to statutes of limitations. In other words, if an injured party fails to pursue claims against the healthcare provider that caused their harm within the time dictated under the applicable statute, their claims may be time-barred. While the courts generally uphold the…
Generally, defendants in medical malpractice actions must set forth all of their affirmative defenses in their answer to the plaintiff’s complaint, and if they do not, they waive the right to assert them. Typically, though, a defendant that failed to include all their affirmative defenses in a response can seek…
Many people who seek medical care in New York speak Spanish as their primary language. Thus, if they suffer injuries due to incompetent medical care and pursue claims against their providers, they may need to hire an interpreter to translate their testimony during discovery and trial. If the case results…
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…