Most medical malpractice claims fall under state law, but federal jurisdiction may arise in certain circumstances. In other words, if you suffered harm due to the negligence of a medical professional in a federal or correctional facility, you may need to navigate both state and federal legal frameworks. As demonstrated…
The validity of medical malpractice claims often hinges on whether the delay in diagnosis or treatment worsened a patient’s condition. This was demonstrated in a recent New York case, in which the court reversed the trial court’s decision, finding that the plaintiff raised sufficient issues of fact regarding whether a…
Most surgical procedures involve some degree of risk, and the potential for harm can be elevated if the patient suffers from underlying health conditions. As such, it is a doctor’s duty to advise a patient of the possible adverse outcomes of a procedure before proceeding. If a physician fails to…
Discovery is a crucial component of medical malpractice litigation, as it allows parties to gain information in support of their claims and defenses. As such, if a party refuses to respond to their opponent’s discovery requests, they may face sanctions. In only the most extreme cases should inadequate discovery responses…
Expert testimony is a key component in New York medical malpractice cases. Specifically, it is generally necessary to establish the standard of care and the manners in which the defendant diverged from the standard. As discussed in a recent New York opinion issued in a medical malpractice case, if a…
While some medical malpractice cases involve issues that can only be resolved by a jury, many settle before they reach the trial stage. In cases involving adult plaintiffs, the parties are generally free to define the terms of their settlement agreements without court intervention. In cases involving minors, though, the…
Certain health issues, like strokes, require prompt diagnosis and treatment, as any delays can lead to irreparable harm. Such delays may be grounds for pursuing medical malpractice claims, but if the injured party cannot produce adequate facts in support of their position, their claims may be dismissed, as demonstrated in…
In the medical setting, treatment providers are required to advise patients of the risks and benefits of a treatment before offering it; if they fail to do so, they may be subject to a lack of informed consent claim. There are exceptions to the general rule, however, as discussed in…
Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to dismiss the plaintiff’s claims prior to trial. If the evidence demonstrates a disputed issue of fact, though, the plaintiff should be able…
Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to overturn a jury’s verdict, deeming them liable. If a jury’s verdict is reasonable upon consideration of the evidence, though, it should be…