After people undergo surgical procedures, it is critical that they receive appropriate care. Thus, if healthcare providers fail to take the post-surgical measures necessary to prevent them from developing infections and other complications, they may be liable for medical malpractice. The standard of care imposed on medical professionals providing post-operative…
The COVID-19 pandemic altered many aspects of everyday life, including the manner in which medical malpractice cases are litigated. Specifically, among other things, it generally increased the length of time parties had to pursue claims against negligent medical professionals. In a recent opinion issued in a medical malpractice case, a…
People harmed by negligent medical care have the right to pursue medical malpractice claims against their providers, but they must act promptly; otherwise, their claims may be dismissed as untimely. Specifically, under New York law, medical malpractice lawsuits must be filed within two years and six months of the date…
In New York medical malpractice cases, defendants will often not only deny liability but will ask the courts to dismiss the plaintiffs’ claims against them on the grounds that they cannot be deemed liable as a matter of law. If a court finds that there are factual disputes that need…
An inaccurate diagnosis can lead to improper treatment, the progression of illnesses, and other losses. While, in most instances, harm is caused by a missed diagnosis, patients can also suffer injuries if they are incorrectly diagnosed with an illness that they do not have. Recently, a New York court examined…
Accidents frequently occur at construction sites, and in many instances, they cause significant harm. While ordinarily, people seeking damages for personal injuries must prove another party’s negligence caused their harm, New York has laws that allow for the imposition of strict liability for certain harm encountered on construction sites. Specifically,…
People expect that the care they receive from their doctors will help them maintain or improve their health. Sadly, however, some physicians fail to provide their patients with competent care, ultimately causing them harm instead of helping them. People hurt by negligent medical care have the right to pursue claims…
Medical malpractice often occurs simultaneously with other wrongs. Thus, a person harmed by incompetent medical care may not only assert medical malpractice claims against their provider but may set forth other claims as well. In many instances, claims accompanying medical malpractice claims arise under federal law and are pursued in…
The force created by collisions frequently causes fractures, contusions, strains, and other bodily harm. People that suffer injuries in car accidents have the right to pursue damages from the individuals that caused the accident, but pursuant to New York law, they must meet a certain injury threshold to recover damages.…
Car accidents frequently happen in New York and, in most instances, are brought about by negligent driving. People injured in such crashes, therefore, will frequently pursue claims against the parties responsible for the collision. Defendants in car accident cases will rarely admit fault and may attempt to garner judgment in…