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…
A doctor accused of medical malpractice will rarely admit liability. On the contrary, many health care providers named as defendants in medical malpractice lawsuits will ask the courts to dismiss the claims against them via a motion for summary judgment. Recently, a New York court discussed each party’s burden of…
While most New York medical malpractice claims assert that the defendant health care provider negligently performed their duties, there are key distinctions between ordinary negligence and medical malpractice claims. In a recent opinion issued by a New York court, the differences between ordinary negligence and medical malpractice were explained. If…
Under New York law, parties harmed by the incompetence of medical professionals have the right to seek compensation. They must comply with any applicable procedural requirements and deadlines, however, and if they do not, they may waive the right to pursue certain claims. This was illustrated in a recent ruling…
When people pass away due to treatable medical issues, their family members will often seek to hold someone accountable. Merely because a decedent treated for the medical concern that ultimately caused their death does not necessarily mean their treatment provided committed medical malpractice, however. This was demonstrated in a recent…