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Articles Posted in Medical Malpractice

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Court Examines Burden of Proof in New York Medical Malpractice Cases

When patients suffer severe health complications in a hospital setting, questions often arise as to whether those complications could have been prevented through timely and appropriate medical intervention. While healthcare providers often move for dismissal of claims arising from such complications, if factual disputes remain about the standard of care…

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Court Discusses Causation in New York Medical Malpractice Cases

In medical malpractice litigation, plaintiffs must not only allege that healthcare providers deviated from accepted standards of care; they must also demonstrate that such deviations directly caused the harm in question. This causation requirement often proves challenging, particularly in complex obstetric cases. A recent New York decision highlights this standard,…

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New York Court Allows Negligence Claim Against Hospital to Proceed

In the aftermath of the COVID-19 pandemic, many hospitals and healthcare providers sought legal immunity under emergency protection laws enacted during the public health crisis. However, courts continue to scrutinize whether the alleged negligent conduct actually resulted from or was impacted by pandemic-related conditions. A recent New York decision illustrates…

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Court Explains Customs and Practice Evidence in Medical Malpractice Cases

In medical malpractice lawsuits, plaintiffs often rely on direct evidence of a healthcare provider’s actions or inactions when seeking compensation for injuries. But in cases with no clear records or witnesses to a critical moment in a patient’s care, the courts may turn to evidence of a provider’s established routine…

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New York Court Examines Forum Selection Clauses in Medical Malpractice Cases

When patients transition from hospitals to nursing homes or rehabilitation centers, they often do so under vulnerable and stressful circumstances. Amid medical concerns and logistical arrangements, critical documents, such as admission agreements, are sometimes signed without fully understanding their legal implications. A recent New York case illustrates how disputes over…

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New York Court Discusses Grounds for Pursuing Medical Malpractice Claims

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…

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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…

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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…

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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…

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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…

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