Medical malpractice claims in New York must be filed within the statute of limitations; otherwise, the plaintiff’s claim may be dismissed. In cases in which the plaintiff has an ongoing treatment relationship with the defendant, though, the statute of limitations may be tolled pursuant to the continuous treatment doctrine. The…
Medical malpractice lawsuits are complicated in general and can become especially complex when they involve claims against facilities that receive funding from the federal government, as they involve additional requirements. The consequences of skirting such obligations were shown in a recent hospital malpractice case in New York in which the…
In medical malpractice claims in New York, the burden shifts between the parties with regards to proving or disproving that a party’s harm was caused by incompetent care. In other words, if a defendant produces evidence sufficient to refute a plaintiff’s claims, the lawsuit may be dismissed unless the plaintiff…
Typically, when a patient presents to a hospital with symptoms or complaints, he or she will consent to receive treatment from the attending physicians while retaining the right to leave if he or she chooses. In some instances, however, the hospital will take steps to admit a person without his…
In medical malpractice cases in New York, the plaintiff generally decides where the action will be heard, as the plaintiff is the party filing the lawsuit. A defendant has the right to seek a change of venue, however, if the County the plaintiff chose to file his or her lawsuit…
When a plaintiff harmed by medical negligence pursues claims for damages via a civil lawsuit, the plaintiff’s compliance with the laws of procedure is arguably almost as important as the merits of the plaintiff’s case. In other words, if a plaintiff fails to abide by the rules imposed by the…
In many instances in which a person harmed by negligent medical care pursues damages in a medical malpractice lawsuit, the defendant healthcare provider will attempt to refute liability by arguing that the person’s harm was not proximately caused by the defendant’s acts. In such cases, if the plaintiff does not…
It is not uncommon for a plaintiff in a medical malpractice case to pass away prior to the resolution of the case. A plaintiff’s claims are not extinguished merely because a plaintiff dies, however. Instead, the plaintiff’s estate generally has the right to pursue claims on behalf of the plaintiff’s…
It is not uncommon for a plaintiff harmed by negligent medical care to name multiple defendants or set forth more than one claim of medical malpractice. For example, a plaintiff may allege a defendant is liable for providing negligent care and for failing to obtain informed consent. Simply because a…
If a patient is harmed by incompetent medical care provided in a hospital, the patient may not only be able to pursue claims against the negligent medical provider, but he or she may also be able to pursue claims against the hospital as well. Whether a hospital can be held…