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…
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…
Unfortunately, mistakes made during relatively low-risk medical procedures can cause devastating harm. Even in cases in which liability seems clear, however, defendants in medical malpractice cases will often deny that they caused the plaintiff to suffer harm and will seek dismissal via a motion for summary judgment. While the courts…
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…
In most Syracuse personal injury cases, the plaintiff will allege that the defendant acted negligently. Merely proving negligence is not sufficient to demonstrate liability, though. Instead, a plaintiff must establish that the defendant’s negligence proximately caused their harm, and if they do not, their claims may fail. This was demonstrated…
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…