New York law dictates that people pursuing damages in medical malpractice cases must prosecute their claims diligently. In other words, if they cause unnecessary delays in moving the case forward, they may be sanctioned. In some cases, such sanctions can include the dismissal of the plaintiff’s claims. Dismissal is a…
When a patient suffers harm due to a doctor’s negligent performance of their duties, the doctor may be held liable for medical malpractice. Not all harm caused by medical professionals constitutes malpractice, though, as in some cases, an injury may be the result of simple negligence. In an opinion recently…
Distracted driving is one of the leading causes of car accidents, and cell phones are one of the main causes of distractions. Merely because a person involved in an accident had a cell phone at the time of the crash, however, does not mean that they negligently caused the collision.…
Defendants in car accident lawsuits are typically reluctant to admit liability, even if it seems clear that their behavior caused the collision that formed the basis of the plaintiff’s claims. Additionally, in many cases, the defendant will not only deny fault but will argue that the plaintiff caused the accident.…
Expert testimony is a key element of New York medical malpractice cases. In other words, in most instances, it is necessary to establish the standard of care and to demonstrate that the defendant failed to comply with the standard. A plaintiff cannot avoid the obligation to offer expert testimony by…
Many chronic and acute conditions require surgical procedures. While surgery offers typically offers numerous benefits, people usually experience significant pain after their procedures are complete. Fortunately, such discomfort is readily managed with medication. If a doctor fails to prescribe or administer an appropriate drug, it can lead to endue suffering…
Adverse outcomes following medical procedures are often the direct result of malpractice. In some cases, though, a procedure will fail, or a plaintiff will suffer complications despite the fact that the defendant rendered competent care. In such instances, it is unlikely that the defendant will be deemed liable for medical…
Emergency room doctors encounter a plethora of conditions that vary in severity throughout the course of their day. Regardless of what type of issues they are presented with, however, they have an obligation to offer treatment that complies with the standard of care. If the care they render falls outside…
When administering tests or treatment, doctors must take care not only not to injure their patients but also not to worsen any existing injury. Doctors that fail to uphold this duty may be liable for medical malpractice. Proving a doctor exacerbated an existing injury may be difficult, as demonstrated in…
Generally, parties in medical malpractice cases will ask a jury, rather than a judge, to determine issues like liability and damages. Even if a jury is tasked with resolving factual disputes, a judge will preside over the case and determine what evidence and questions are permitted. If a judge rules…