Generally, a person injured by medical malpractice has the discretion to choose where to file a lawsuit seeking damages. If the defendant believes a lawsuit was filed in an improper county, though, the defendant can challenge the plaintiff’s selection and petition the court to move the case to another location.…
Many medical providers are employees of larger medical groups. As such, patients harmed by negligent medical care often not only pursue claims against the treating physician but also against the hospital or medical group that employed the physician. Depending on the facts of the case, however, the court may decline…
In most medical malpractice cases, the injured parties will try to resolve the case as swiftly as possible, so that they can attempt to repair the harm they suffered and move forward in life. In some instances, however, the injured party will delay in proceeding with his or her case,…
In many cases in which a person is harmed by primary care malpractice, he or she may be unable to pursue a claim on his or her own behalf. In such instances, a guardian can be appointed to assert the injured party’s right to seek damages. In a recent primary care…
In New York, a defendant in a medical malpractice case is protected from having to disclose certain documents by education and public health laws. There are exemptions to the general rule, however that permit a plaintiff to obtain statements pertaining to the alleged malpractice. The appellate division of the Supreme…
In any Rochester medical malpractice case, there will likely be motions presented by either party, which the court will hear and rule upon. When the court issues a ruling on a contested matter it defines the law of the case, and absent new evidence, all parties must abide by the…
As gynecologic malpractice cases involve complex facts and issues that are typically beyond the understanding of the average person, most medical malpractice cases rely on experts to prove liability. In some cases, however, gynecologic malpractice is so clear that expert opinions may not be necessary. Rather, the plaintiff will rely…
Patients rely on doctors to provide adequate care, which includes properly diagnosing any injury or illness. If a doctor fails to diagnose a medical issue in a timely manner it can result in significant harm or even death and may be grounds for a medical malpractice action. In weighing whether…
In many medical malpractice cases, there is more than one medical care provider that may be liable for causing the plaintiff harm. Unfortunately, in some cases, the court will dismiss a person’s medical malpractice case in its entirety if the defendant physicians offer sufficient proof that they did not deviate…
People enter into contracts every day, including contracts promising not to sue in the event of harm. While a contract that is entered into voluntarily will typically be upheld by the court if a contract violates public policy it may be deemed unenforceable. This was illustrated in a recent case decided…