Certain health issues, like strokes, require prompt diagnosis and treatment, as any delays can lead to irreparable harm. Such delays may be grounds for pursuing medical malpractice claims, but if the injured party cannot produce adequate facts in support of their position, their claims may be dismissed, as demonstrated in…
Articles Posted in Medical Malpractice
New York Court Discusses Establishing a Claim for Lack of Informed Consent
In the medical setting, treatment providers are required to advise patients of the risks and benefits of a treatment before offering it; if they fail to do so, they may be subject to a lack of informed consent claim. There are exceptions to the general rule, however, as discussed in…
New York Court Discusses Motions for Summary Judgment in Medical Malpractice Cases
Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to dismiss the plaintiff’s claims prior to trial. If the evidence demonstrates a disputed issue of fact, though, the plaintiff should be able…
New York Court Discusses Grounds for Setting Aside a Medical Malpractice Verdict
Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to overturn a jury’s verdict, deeming them liable. If a jury’s verdict is reasonable upon consideration of the evidence, though, it should be…
New York Court Discusses Grounds for Reversing Verdicts in Medical Malpractice Cases
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…
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…