When people are admitted to medical facilities, they expect the healthcare providers who offer them care to take necessary precautions to protect them from foreseeable harm. Unfortunately, lapses in hospital policies or misjudgments in risk assessments can sometimes lead to severe injuries. This was the central issue in a recent…
Articles Posted in Medical Malpractice
New York Court Disusses Demonstrating Fault in Medical Malpractice Cases
Patients who seek medical care for concerning symptoms generally expect that they will be properly evaluated and diagnosed in a timely manner. Unfortunately, though, medical professionals often fail to recognize critical signs of severe conditions, resulting in life-altering injuries. Such carelessness often constitutes medical malpractice, as discussed in a recent…
Court Examines Conflicting Expert Opinions in New York Medical Malpractice Case
Healthcare providers have a responsibility to diagnose and address potentially life-threatening conditions. Some doctors ignore or misinterpret their patients’ symptoms, which can lead to critical health concerns going undiagnosed. Sadly, such oversights can be fatal and often constitute medical malpractice. While a doctor accused of such errors will often attempt…
New York Court Discusses Malpractice Arising Out of Post-Surgical Errors
When patients undergo surgery, they trust that their healthcare providers will follow standard medical practices to ensure their safety, which includes adhering to established discharge procedures. It is not uncommon, though, for healthcare providers to discharge patients without confirming they are healing as expected, which often leads to preventable pain…
New York Court Examines the Right to Amend Medical Malpractice Complaints
Medical professionals are held to rigorous standards to ensure patient safety, and when these standards are not met, the consequences can be severe. For example, the failure to diagnose serious conditions often results in prolonged suffering and may be grounds for pursuing medical malpractice claims and other actions. As demonstrated…
New York Court Discusses Summary Judgment in Medical Malpractice Cases
When medical providers fail to meet the standard of care during childbirth, the consequences can be life-altering for both the child and their family. Birth injuries caused by medical negligence often require lifelong care, significant medical expenses, and emotional hardship. A recent case filed in New York highlights the legal…
New York Court Dismisses Medical Malpractice Case for Lack of Jurisdiction
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…
New York Court Reinstates Medical Malpractice Claim Arising Out of Delayed Stroke Diagnosis
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…
New York Court Discusses Grounds for Dismissal of Informed Consent Claims
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…
New York Court Addresses Sanctions for Incomplete Medical Malpractice Discovery
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…