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…
When a person dies after receiving medical care, their loved ones may assert that their death was the result of medical malpractice. While sudden death following a health issue is undoubtedly tragic, it is not always the result of the negligence of the healthcare provider that provided the treatment. Thus,…
Medical malpractice lawsuits involve complex issues, and both injured parties and the healthcare providers that allegedly caused their harm must rely on expert testimony to prove their positions. While such testimony is generally permitted in medical malpractice cases, courts must act as gatekeepers to ensure that both the testimony and…
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…
Discovery is a key element in medical malpractice matters, as in most instances, it is the best tool parties can use to obtain evidence to support their claims or defenses. Broadly speaking, any information that is relevant is discoverable. There is certain information that is protected from disclosure, though, such…
Generally, parties in a medical malpractice case anticipate that jurors will render a fair verdict after considering the evidence presented at trial. While juries generally meet this expectation, at times, they can issue verdicts that do not comport with a fair reading of the evidence. In such instances, either party…