People pursuing compensation for harm caused by incompetent medical care will often ask a jury to determine issues such as fault and damages. If a jury rules against a plaintiff, the plaintiff can appeal if they believe that the jury’s verdict does not comport with the evidence. Establishing that a…
Articles Posted in Medical Malpractice
New York Court Discusses Summary Judgment in Medical Malpractice Cases
People who visit hospitals for critical conditions will often be cared for by multiple doctors. As such, if the care they receive is inadequate and they subsequently suffer harm, they may be able to pursue claims against everyone involved in their care. While it is not uncommon for numerous defendants…
New York Court Discusses Conflicting Expert Reports in Medical Malpractice Cases
Doctors working in numerous specialties tend to people in hospital emergency rooms, offering treatment options based on their assessment of a patient’s concerns. If an emergency room doctor makes the wrong call, appropriate care may be delayed or not administered at all, which can result in significant complications. In such…
New York Court Discusses Resident Liability in Medical Malpractice Cases
Teaching hospitals often offer patients the most advanced care and cutting-edge treatments. In most teaching hospitals, residents provide care to patients, under the supervision of attending physicians. If a patient cared for by a resident subsequently suffers harm, it can be difficult to establish that the resident should be liable…
New York Court Discusses Conflicting Evidence in Medical Malpractice Cases
Parents often rely on medical professionals to diagnose and treat their children if they become ill. While many children receive competent care, some are tragically offered substandard treatment, and the results of such incompetence frequently cause devastating injuries. Doctors accused of malpractice will often proffer affidavits stating that they complied…
New York Court Discusses Timeliness of Medical Malpractice Claims
People who experience losses due to the carelessness of healthcare providers have the right to pursue claims for damages. They must act promptly, though, because if they do not, their claims may be barred by the statute of limitations. While legal theories, like the relation back doctrine, can act to…
New York Court Discusses Medical Malpractice Cases with Conflicting Evidence
It is not uncommon for an expectant mother to receive care from one physician during her pregnancy and for another doctor to deliver her baby. If errors arise during the birthing process, then it may not immediately be clear who is liable. As demonstrated in a recent New York opinion…
New York Court Discusses COVID-19 Related Medical Malpractice Claims
The COVID-19 pandemic caused unprecedented changes in the way we live our lives. Among other things, it altered the healthcare system and the level of care people could expect with regard to the diagnosis and treatment of the coronavirus. While some of the laws providing immunity to healthcare providers for…
New York Court Explains Medical Malpractice Claims Against Federal Employees
In treatment settings, a patient will receive care from multiple providers. As such, if the patient subsequently suffers injuries due to the treatment provided, they will seek damages from everyone doctor that contributed to their harm. In such instances, it is important to name the correct parties and pursue the…
New York Court Discusses Liability in Medical Malpractice Cases
Improperly performed surgical procedures can worsen health issues and cause lasting pain. As such, people harmed by such medical errors will often seek redress via medical malpractice lawsuits. When faced with such claims, doctors will rarely admit liability, but unless they adequately refute the plaintiffs’ allegations, the claims against them…