First responders are often dispatched to provide emergency medical care to people suffering from critical health concerns. Tragically, however, first responders sometimes make fatal mistakes when offering acutely ill people care. In such instances, the first responders can often be held accountable for medical malpractice. Recently, a New York court…
Typically, victims of medical negligence will pursue medical malpractice claims against the providers that caused their harm. In certain situations, though, incompetent medical care may give rise to a constitutional violation claim. Recently, a New York court issued an opinion differentiating between the two causes of action in a matter…
Doctors will often admit people who have undergone surgery to rehabilitation facilities prior to releasing them home. Rehabilitation centers are intended to prevent people from sustaining injuries while they recover. Unfortunately, some people staying in such facilities suffer significant harm. Simply because a person suffers injuries while in a rehabilitation…
Generally, a party pursuing medical malpractice claims in New York has the right to decide where to file their lawsuit, and the courts will generally defer to their choice of venue. There are exceptions, however, such as when the plaintiff and defendant entered into a contract that dictates where any…
It is well-established under New York law that parties seeking compensation for medical malpractice must submit expert testimony to support their claims. While a person does not necessarily have to practice in the same specialty as the defendant to act as an expert, they must nonetheless be qualified, and if…
People suffering from drug addiction will often seek treatment at a healthcare facility. Typically, doctors oversee the care of patients in drug treatment facilities; as such, if a patient dies while going through the detoxication process, their surviving family members may pursue medical malpractice claims against the doctor in charge…
Thorough and attentive care is vital during pregnancy. Unfortunately, oversights made by careless OB-GYNs are common and often lead to adverse consequences for both expectant mothers and their unborn children. Families harmed by medical negligence can pursue claims against the parties responsible for their losses, but providers will often try…
Reproductive endocrinology is a complicated facet of medicine, and it is not uncommon for doctors practicing in this field to make oversights and errors. Even if the evidence clearly establishes missteps, though, they may argue that they did not commit malpractice or cause their patients to suffer any actual harm.…
Medical malpractice cases are very fact-specific, and demonstrating liability requires an intricate understanding of the law and applicable medical standards. As such, even if it seems that a doctor clearly caused a patient to suffer harm, the patient must produce competent expert evidence to support their claims, otherwise, they may…
It is not uncommon for people housed in federal facilities to undergo medical treatment for chronic and acute conditions. Unfortunately, the care they receive often falls below the acceptable standard, and rather than helping them, it harms them instead. In such instances, they have the right to pursue medical malpractice…