Most medical malpractice cases resolve before they reach the trial stage. If they do proceed to trial, however, the parties will typically ask a jury to assess liability and damages. In theory, juries should assess the evidence presented at trial and make a determination based on that evidence, but they…
Long-term care facilities often require people to sign contracts prior to admission. Such contracts generally set forth the expectations of both parties, but they may also impact a resident’s right to pursue damages for medical malpractice. This was demonstrated in a recent New York case in which a court upheld…
Accidents that occur in nursing homes unfortunately often cause fatal injuries. People who suffer the loss of a loved one due to the negligence of a medical facilities’ staff members have the right to pursue compensation, but if they fail to prove the elements of their claims, they may be…
In New York, certain medical facilities are owned and operated by the federal government. As such, medical malpractice claims against such entities must typically be brought under the Federal Tort Claims Act (the Act). If a plaintiff fails to abide by the notice requirements imposed by the Act, it may…
A plaintiff in a New York medical malpractice case typically must produce evidence showing each element of the underlying claims in order to recover damages. As such, if a plaintiff fails to produce competent evidence, their claims may be dismissed before the case proceeds to trial via summary judgment. Recently,…
It is not uncommon for people who are frustrated by the level of medical care they receive in federal institutions to represent themselves in medical malpractice claims against their providers. While people have the right to pursue such claims without the assistance of attorneys, they are bound by the same…
In medical malpractice cases, expert opinions are not only needed to establish the standard of care but also to causally link the defendant’s breach of the standard to the plaintiff’s harm or demonstrate that the defendant complied with the standard and should not be held liable for any losses the…
Usually, medical malpractice cases arise out of harm caused by careless behavior. In some instances, however, a patient will suffer damages due to a physician’s acts that are not only intentional but also constitute criminal behavior. In such matters, the injured party may be able to establish negligence as a…
In medical malpractice cases, it is not uncommon for more than one health care provider to be named as a defendant. In such instances, the plaintiff must independently prove the liability of each defendant, and merely because there is sufficient evidence to hold one provider accountable does not mean that…
Procedural errors and the failure to comply with court-ordered and statutory deadlines can have a detrimental impact on a plaintiff’s case, and in some instances, may result in the dismissal of a case altogether. This was illustrated in a recent medical malpractice case filed in New York, in which the…