It is common for people experiencing acute or critical medical issues to visit a hospital for treatment. If the care provided in the hospital harms, rather than helps, a person, the person may seek damages against the care providers that provided the inadequate treatment. Additionally, in some cases, the injured…
One of the key elements in any medical malpractice case is proximate cause. In other words, the injured party must prove not only that the care provider deviated from the appropriate standard, but also that the deviation caused the injured party’s harm. Causation is often difficult to prove in medical…
When a person is harmed by negligent medical care, in many cases, there will be more than one party responsible for the harm. For example, a person who sustained injuries due to incompetent treatment in a hospital may be able to pursue claims against not only the treating physicians but…
It is not uncommon for a plaintiff who is pursuing damages due to medical malpractice to die following the institution of the lawsuit. Thus, in many cases, the need arises to substitute the administrator of the deceased plaintiff’s estate as a party in the lawsuit. Any substitution must be made…
Hospitals, like doctors, are required to comply with a standard of care in treating patients. In many cases in which a hospital breaches the standard of care, a plaintiff will be able to assert both negligence and medical malpractice claims against the hospital. It is crucial for anyone who wishes…
In medical malpractice cases, like all civil cases, hearsay testimony is inadmissible unless it falls under one of the enumerated exceptions. For example, under the business records exception to the hearsay rule, hospital records may be admissible in certain instances, despite the fact that they contain hearsay. Recently, a New…
Although most medical malpractice cases allege that the defendant medical care provider’s breach of the standard of care was due to negligence, rather than an intentional act, there are key differences between an ordinary negligence claim and a medical malpractice claim. The Supreme Court of New York, Appellate Division, recently…
In any medical malpractice lawsuit, it is important to hire an attorney who is mindful of statutory filing obligations, as the failure to comply with deadlines can drastically impair a plaintiff’s right to recover damages. Recently, the Supreme Court of New York, Appellate division, discussed when it is appropriate to…
In any case alleging hospital malpractice, the burden of proof as to whether the defendant deviated from the standard of care and thereby caused the plaintiff harm shifts from the plaintiff to the defendant and then back to the plaintiff. Recently, a New York appellate court discussed the evidence each…
It is not uncommon for a plaintiff in a medical malpractice case to allege that both the doctor that provided his or her treatment and the hospital where the treatment was rendered are liable for any harm caused by the treatment. There are numerous factual disputes that can arise in…