During the COVID-19 pandemic, people admitted to healthcare facilities faced an increased risk of harm due to the likelihood of the spread of the disease. As such, the government passed laws largely granting immunity to such facilities during the pandemic. The immunity was not all-encompassing, however, as demonstrated by a…
Businesses that regularly welcome customers into their facilities have a duty to ensure that their premises are safe. Sadly, not all businesses uphold applicable safety standards and allow dangerous conditions to exist on their property. If such neglect leads to a fall, the injured party may be able to pursue…
Generally, collisions are the direct result of negligence. While in most instances, the negligence that causes crashes occurs in the form of careless driving, it can also arise in the negligent design or manufacture of the vehicle involved in the accident. People harmed by such defects can often pursue product…
Some health conditions, like hernias, require surgical repair. While such procedures provide many benefits, there are often dangers associated with them as well. As such, it is incumbent that doctors advise patients of both the pros and cons of a procedure so that the patients can knowingly decide whether to…
In medical malpractice cases, both parties will usually set forth expert affidavits in support of their respective positions. If one party’s expert report is found lacking, the court may enter judgment in favor of the other party. If both expert reports are supported by facts and evidence but conflict, however,…
When car crashes occur, the parties involved will often dispute who is at fault. In cases involving rear-end collisions, though, there is a presumption that the second driver bears liability. Regardless, a driver who causes a rear-end accident may argue that the injured party was comparatively negligent, and as discussed…
The struggle to have children can be heartbreaking. Thankfully, many people dealing with infertility can get help conceiving via advanced reproductive technology like IVF. If an IVF procedure is not performed properly, it may impact a party’s ability to grow their family. As discussed in a recent New York case,…
Motor vehicle collisions are typically caused by the carelessness of one or more drivers. People involved in accidents are often reluctant to take responsibility, though, and the issue of fault will ultimately have to be presented to a jury. In some instances, though, liability is so clear that the court…
While some car crashes are avoidable, the majority of car accidents are caused by careless driving. In rear-end collision cases, the rear driver is presumed to be negligent and must produce evidence sufficient to overcome the assumption. As such, it can be challenging for rear drivers hurt in such accidents…
Medical professionals have an obligation to provide their patients with competent care. If they neglect to do so, thereby causing their patients harm, it may constitute medical malpractice. Not all injuries that occur in the context of medical care constitute medical malpractice, however. In a recent New York opinion, a…