It is not uncommon for an expectant mother to receive care from one physician during her pregnancy and for another doctor to deliver her baby. If errors arise during the birthing process, then it may not immediately be clear who is liable. As demonstrated in a recent New York opinion…
In New York medical malpractice cases, each party bears a significant burden of proof. If either party fails to offer evidence sufficient to meet their burden, the court may rule in their opponent’s favor. In a recent opinion, a New York court explained each party’s evidentiary burden in medical malpractice…
Expert testimony is a key component of New York medical malpractice lawsuits, and the strength of an expert’s opinion can make or break a plaintiff’s case. A plaintiff must provide the defendant with information regarding their expert and the expert’s proposed testimony prior to trial, however, to allow the defendant…
Many medical facilities in New York are public corporations. They bear the same obligations to their patients as private facilities, however, and if they breach their obligations, they can be held liable for medical malpractice. There are additional procedural requirements imposed on plaintiffs pursuing claims against public corporations, though, and…
When people suffer harm in the course of receiving medical care, it is often due to the incompetence of their healthcare providers. Negligent healthcare providers, however, will rarely admit liability. In other words, the parties will dispute whether the medical acts in question were performed properly and, if not, whether…
Thorough and attentive care is vital during pregnancy. Unfortunately, oversights made by careless OB-GYNs are common and often lead to adverse consequences for both expectant mothers and their unborn children. Families harmed by medical negligence can pursue claims against the parties responsible for their losses, but providers will often try…
Generally, parties in a medical malpractice case anticipate that jurors will render a fair verdict after considering the evidence presented at trial. While juries generally meet this expectation, at times, they can issue verdicts that do not comport with a fair reading of the evidence. In such instances, either party…
Expectant mothers look forward to many things prior to the births of their children, but they rarely anticipate that their babies will suffer harm at birth due to the negligence of health care providers. Children that suffer birth injuries may be owed substantial compensation, including the cost of any ongoing…
Many hospitals and care facilities throughout New York are federally funded. Typically, healthcare practitioners employed by such centers are immune from liability for medical malpractice, and a plaintiff seeking damages for the harm caused by a doctor must proceed solely against the federal government. In a recent New York opinion,…
In many instances in which a patient is harmed by negligent medical care, more than one care provider will have provided the patient with inadequate treatment. Thus, it is not uncommon for multiple defendants that practice in different specialties to be named in a medical malpractice lawsuit. While the parties…