Generally, when plaintiffs file medical malpractice actions, they will include in their complaints any allegations of negligent acts committed by the defendants that ultimately led to their harm. While plaintiffs have the right to amend their pleadings during the course of litigation, the right is not limitless, and plaintiffs that…
Typically, medical malpractice cases are filed in New York state courts. Even if a plaintiff files a matter in state court, however, the defendant may be able to remove it to federal court in certain instances. Usually, it is more beneficial for a defendant in a malpractice case to have…
In New York, medical malpractice cases are typically a battle of the experts. Thus, if a defendant establishes the right to judgment in its favor via expert testimony but the plaintiff is unable to demonstrate there is a need for a trial on disputed issues via the affidavit of an…
Under New York law, even if a person harmed by negligent medical care has a legitimate claim for damages, procedural errors may prevent the person from recovering compensation. For example, it is imperative that any medical malpractice claim is filed within two and a half years of the alleged date…
In New York, a party alleging that a doctor committed medical malpractice typically must produce an expert report to establish the manner in which the doctor failed to comply with the standard of care and to link the doctor’s acts to the purported harm. Simply producing a report is not…
Medical malpractice cases are typically complex, and the issue of whether a health care practitioner departed from the accepted standard of care typically fall outside of the understanding of the average person. Thus, in most medical malpractice lawsuits, the plaintiff will have to rely on expert testimony to establish liability.…
In any New York medical malpractice case, the plaintiff must not only show that the defendant health care provider failed to provide care that met the applicable standard, but also that the failure caused the plaintiff’s harm, which generally requires expert testimony. Thus, in most cases, whether a plaintiff’s claims…
While all New York medical malpractice cases allege that a plaintiff suffered harm due to a medical provider’s incompetent care, the plaintiff’s burden of proof varies depending on whether the defendant provider is a private individual or entity or the United States Government. The standards for proving a government entity…