Doctors have a duty to provide their patients with thorough and adequate care. This means that they must not only avoid causing their patients physical harm but also that, in some instances, they must prevent patients from harming themselves. The duty a doctor owes to a patient with ideation of…
The strength of a plaintiff’s medical malpractice case often hinges on the strength of their expert’s opinion. In other words, the more compelling the expert’s argument that the defendant caused the plaintiff’s harm is, the more likely it is that the jury will find in the plaintiff’s favor. Expert opinions…
Unfortunately, it is not uncommon for people injured by negligent medical care to pass away while their claims against the practitioners that caused their harm are pending. Under New York law, however, their estates can proceed with their claims, provided they comply with the rules of procedure. If they do…
Parties in medical malpractice cases typically ask juries to weigh the evidence presented at trial and issue a verdict based on that evidence. Parties do not always agree with the jury’s reasoning, though, and if they believe that the jury ruled improvidently, they can ask the court to set aside…
The majority of medical malpractice cases are pursued at the state court level. Some defendants, though, prefer to litigate claims before federal courts and will move a case filed in state court to a federal district court. Federal courts have limited jurisdiction, though, and if the removal of a medical…
Most New York medical malpractice cases are filed in state court. In some instances, though, a defendant will move a case to federal court. Federal courts can only hear certain cases, however, and if a court founds that it lacks jurisdiction over a matter, it will remand the case back…
Medical malpractice cases are typically document-intensive, as both plaintiffs and defendants rely on medical records to support their positions, and discovery is a critical component of such cases. As such, if a party fails to comply with discovery requests, it may greatly impair their opponent’s ability to prove their claim…
Medical malpractice cases typically arise in the context of a doctor-patient relationship. In other words, the plaintiff will usually be a patient hurt by the defendant’s negligent care. Under New York law, however, a doctor may be held liable for medical malpractice for harm suffered by someone other than their…
When people suffer harm in the course of receiving medical care, it is often due to the incompetence of their healthcare providers. Negligent healthcare providers, however, will rarely admit liability. In other words, the parties will dispute whether the medical acts in question were performed properly and, if not, whether…
Under New York law, there are different statutes of limitations for pursuing negligence and medical malpractice actions. While such claims are similar, there are key differences between them, and if a party seeking damages for harm caused by a medical professional fails to properly characterize their claims, they may unintentionally…