The statute of limitations for pursuing a medical malpractice claim in New York is two years and six months from the date of harm. In cases where the medical care provider is a public corporation, however, different notice requirements apply. The appellate division of the Supreme Court of New York…
In a medical malpractice case, it is essential to set forth every manner in which malpractice was allegedly committed, and present evidence of the malpractice in a clear manner at trial. A plaintiff’s failure to provide sufficiently present evidence of malpractice can result in verdict sheets that do not adequately…
The quality of testimony provided by an expert can make or break a plaintiff’s medical malpractice case. An expert must show not only that he or she is qualified to offer an opinion regarding the alleged malpractice in the particular specialty in which the defendant practices, he or she must…
New York medical malpractice lawsuits, like all civil claims, are governed by statutes of limitations. As such, if a plaintiff does not pursue his or her claim within the time limitations set forth under the law, he or she waives the right to recover. In some cases, however, the statute…
In any case where it is alleged that inadequate treatment rendered by a medical care provider caused a person harm it is important to retain any evidence that supports the inference of medical malpractice. If a person loses or destroys evidence of the quality of the care rendered, it may…
In a medical malpractice lawsuit, both the plaintiff and defendant have burdens of proof that they must meet to win the case. If a defendant meets the burden of proof of producing evidence, that on its face shows no substandard treatment, the case may be dismissed unless the plaintiff rebuts…
Doctors are obligated to provide care that comports with the standard practices of an average doctor in the same field in his or her community. In cases where medical malpractice is alleged, the plaintiff is required to show a deviation from the standard of care and harm resulting from the…
In cases where the issues presented are a beyond the scope of understanding of the average person, one or both parties will introduce experts to offer opinions on disputed facts and theories of liability. For example, the vast majority of medical malpractice cases require one or more experts to opine…
To successfully prove medical malpractice under New York law, an injured party must show that his or her medical provider deviated from the accepted standard of care, and the deviation was the cause of any harm alleged. In almost all medical malpractice cases, the opinion of one or more experts…
In the New York courts, a plaintiff seeking the recovery of damages in a medical malpractice case must set forth certain evidence regarding the treating medical provider’s inappropriate care, or his or her claim will be dismissed. If the plaintiff meets this burden, the burden then shifts to the treating…