Few medical malpractice cases are actually tried to a verdict. Some settle before they reach the trial stage, while others are decided via summary judgment. In other words, parties will often try to get the court to rule in their favor as a matter of law once discovery is complete.…
In New York medical malpractice cases, the burden moves from the plaintiff to the defendant and then returns to the plaintiff. In other words, case law established that if the defendant set forth prima facie evidence showing it was entitled to a dismissal of the plaintiff’s claim, the plaintiff was…
Summary judgment is a harsh remedy that is only to be used in the clearest cases. Thus, even if a defendant in a medical malpractice case establishes a prima facie right to judgment as a matter of law, the claims against the defendant will not be dismissed if the plaintiff…
If a cardiologist provides negligent care that causes a person harm, the person can pursue a claim against the cardiologist for damages. As with any civil claim, there are deadlines that apply to a person pursuing a cardiology malpractice claim, and the failure to abide by the deadlines can result…