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…
Rochester Medical Malpractice and Personal Injury Lawyer Blog
New York Court Discusses Demonstrating First Responders Committed Medical Malpractice
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…
New York Court Explains When Medical Malpractice Becomes a Constitutional Violation
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…
New York Court Discusses Establishing Liability for Medical Malpractice
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…
New York Court Discusses Bills of Particulars in Medical Malpractice Cases
Under New York law, a plaintiff in a medical malpractice case is required to submit a bill of particulars, which essentially is a document outlining the basis of their claims against the defendant. If a plaintiff fails to assert alleged misconduct in a bill of particulars, it generally waives to…
New York Court Discusses the Enforceability of Forum Selection Clauses in Medical Malpractice Cases
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…
New York Court Rejects Plaintiff’s Attempt to Act as His Own Expert in a Medical Malpractice Case
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…
New York Court Explains Elements of a Medical Malpractice Case
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…
New York Court Discusses a Plaintiff’s Burden of Proof in a Hospital Malpractice Case
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,…
New York Court Discusses the Admissibility of Expert Testimony in Medical Malpractice Cases
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…