Generally, the plaintiff in a medical malpractice case has the right to decide where to file the complaint. Defendants have the right to move for a change of venue, though, for various reasons. For example, they may be able to argue that the case should be tried in the venue…
Articles Posted in Podiatry Malpractice
New York Court Discusses Standard of Care for Treatment Outside of the Scope of a Doctor’s Specialty
While many malpractice cases arise out of incompetent care within a doctor’s specialty, such as the failure to diagnose or a delayed diagnosis, some arise out of harm caused by a doctor practicing outside of the scope of his or her expertise. This was demonstrated in a recent case in…
Court Discusses Sufficiency of Expert Affirmation in New York Podiatry Malpractice Case
When people think of a malpractice case, they often think of cases involving high-risk procedures, but malpractice can and does occur in any practice area, including seemingly low-risk areas such as podiatry. Regardless of the nature of the underlying treatment, if a doctor’s care causes harm it is essential to…
Infant Foot Surgery Lawsuit Revived by New York Appeals Court
Surgical procedures on infants often come with high risks. New York medical malpractice law requires doctors to disclose medical risks and perform surgeries under a legally imposed standard of care. Unfortunately, a recent lawsuit alleged that an infant child’s podiatrist failed to disclose risks to the patient’s mother related to…