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Articles Posted in Medical Malpractice

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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…

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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…

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Court Discusses Spoliation Sanctions in New York Medical Malpractice Cases

Many people residing in skilled nursing facilities are considered fall risks and require extra care to ensure their safety. If such fall prevention measures are not properly employed, it can result in serious harm. In most cases, plaintiffs pursuing claims against nursing facilities following falls must rely on circumstantial evidence…

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New York Court Explains Extensions of Time to Serve a Medical Malpractice Complaint

The New York Civil Practice Laws and Rules set forth the requirements for pursuing medical malpractice claims against healthcare providers. Among other things, the rules dictate that a plaintiff must serve the initial pleading on the named defendants in a specified time and manner. If the plaintiff is unable to…

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Court Discusses Triable Issues of Fact in New York Medical Malpractice Cases

Soft tissue injuries can be painful and debilitating, and if they are not treated promptly, they can lead to permanent impairments. As such, it is important that people suffering from such ailments receive a timely and accurate diagnosis. People injured by diagnostic delays may be able to recover compensation via…

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Court Explains Indemnification in New York Medical Malpractice Cases

In many instances involving complex health issues, multiple practitioners will be involved in a patient’s care. If the treatment offered is inadequate, though, and consequently causes a patient to suffer harm, the providers may attempt to assign blame to one another and seek indemnification for any losses attributed to them.…

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New York Court Discusses Medical Malpractice Cases with Multiple Defendants

It is not uncommon for a patient with complex health issues to treat with multiple providers. If a patient under the care of several physicians subsequently suffers an adverse medical event due to inadequate care, it can be challenging to demonstrate which treatment provider committed medical malpractice. In a recent…

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New York Court Discusses Demonstrating Liability in a Nursing Malpractice Case

People typically consider medical malpractice to be harm caused by negligent doctors. While many medical malpractice claims arise out of the careless acts of physicians, other healthcare providers, including nurses, can be liable for the injuries caused by negligent medical care. In a recent opinion issued in a New York…

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New York Court Discusses Grounds for Dismissing Medical Malpractice Claims

In New York medical malpractice lawsuits, it is incumbent upon the parties to not only demonstrate their positions are supported by sound evidence but also to comply with the applicable rules of procedure. As demonstrated in a recent New York ruling in which the court ultimately dismissed the plaintiff’s medical…

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