In New York medical malpractice cases, each party bears a significant burden of proof. If either party fails to offer evidence sufficient to meet their burden, the court may rule in their opponent’s favor. In a recent opinion, a New York court explained each party’s evidentiary burden in medical malpractice…
Articles Posted in Medical Malpractice
New York Court Discusses Evidence in Medical Malpractice Cases
Many older and infirm patients who are admitted to the hospital for critical care are unable to move out of their beds or walk independently. In such instances, the physicians and nurses attending to the patient’s care will typically employ fall prevention measures. If they fail to do so, and…
New York Ruling Highlights Importance of Disclosures in Medical Malpractice Cases
Expert testimony is a key component of New York medical malpractice lawsuits, and the strength of an expert’s opinion can make or break a plaintiff’s case. A plaintiff must provide the defendant with information regarding their expert and the expert’s proposed testimony prior to trial, however, to allow the defendant…
The Risks and Dangers of Undiagnosed Maternal Infections
Maternal infection is any infection in a pregnant woman that can spread through the blood, placenta, or birth canal during pregnancy or childbirth. If left untreated, such an infection can result in serious, even long-term, injuries and disabilities for the baby. Therefore, discovering a maternal infection early on and treating…
Failure to Diagnose Glaucoma
We go to eye doctors to make sure our eyes are healthy and free of disease or when we notice symptoms of a problem. Sometimes another doctor refers us to an eye specialist. Optometrists and ophthalmologists are the two main types of eye doctors. Optometrists provide patients with general eye…
Tracheotomy Errors
The tracheotomy procedure, also known as a tracheostomy, is a type of medical procedure that involves the use of a breathing tube. These procedures are frequently performed on patients with neck or facial cancer or significant facial injuries. Patients who have had recurrent pneumonia or any other type of breathing…
Balloon Sinuplasty
The sinuses are vital aeration, drainage, and lubrication channels that keep the skull clear and the nasal passages free of invaders such as dust and pollen. The fine hairs that line the sinuses, known as cilia, act as a conduit for mucus drainage from the sinuses to the nose. Because…
What Is the Difference Between No-Scalpel Vasectomy vs. Traditional Vasectomy?
Vasectomy is one of the most common surgical procedures performed in the United States. This straightforward operation is a form of birth control that works by preventing sperm from leaving the body through the penis. Doctors do about 500,000 vasectomies in the US per year. They are usually covered by…
Failure to Diagnose Gallstones
The gallbladder is a small, pear-shaped organ located on the right side of the abdomen, just beneath the liver. The gallbladder stores bile, a digestive fluid that is released into the small intestine. Gallstones are hardened deposits of digestive fluid in the gallbladder. Gallstones can be as small as a…
Failure to Diagnose Hiatal Hernia
When the upper part of your stomach bulges through the large muscle that separates your abdomen and diaphragm, you have a hiatal hernia. A small opening (hiatus) in your diaphragm allows your food tube (esophagus) to pass before connecting to your stomach. The stomach pushes up through that opening and…