Prior to offering their patients treatment, such as surgical procedures, doctors are required to explain the potential side effects of the course of care and explain alternative treatments. If they do not, and the patient subsequently suffers from complications or issues, the plaintiff may be able to assert medical malpractice…
Breast cancer is a devastating illness that kills thousands of women each year. The majority of people who develop breast cancer do not have a familial history of the disease. Some patients, though, carry a gene mutation that creates a significantly high risk of not only developing breast cancer but…
Typically, disorders involving the feet are not life-threatening and do not require emergent care. Foot conditions can cause pain and difficulty walking, however, and in some instances necessitate surgical treatment. Podiatrists, like all other healthcare providers, must comply with the applicable standard of care, and if they deviate from the…
Medical malpractice cases are typically fact intensive, and plaintiffs usually must offer evidence in the form of treatment records and expert testimony to prove their allegations. Typically, medical records and other information regarding a plaintiff’s care are obtained via discovery. As such, if a defendant refuses to comply with a…
Doctors accused of committing medical malpractice rarely admit their liability. Rather, in many malpractice cases, the defendant will argue that there is no evidence that they are at fault for the plaintiff’s alleged harm, and therefore, the case should be dismissed via summary judgment prior to trial. Recently, a New…
Expert testimony is a key component of New York medical malpractice cases. In other words, while a compelling expert report may provide a plaintiff with protection from the dismissal of their claims via summary judgment, a report that is speculative or that is not based on reliable methodology may be…
Often, when people go to the hospital for an acute issue, they are asked to fill out certain documents and forms prior to being admitted or treated. Many people sign such materials in haste, without thoroughly reading their terms. Such decisions can be costly, however, as hospital admission documents often…
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…
Most medical malpractice cases resolve before they reach the trial stage. If they do proceed to trial, however, the parties will typically ask a jury to assess liability and damages. In theory, juries should assess the evidence presented at trial and make a determination based on that evidence, but they…
Long-term care facilities often require people to sign contracts prior to admission. Such contracts generally set forth the expectations of both parties, but they may also impact a resident’s right to pursue damages for medical malpractice. This was demonstrated in a recent New York case in which a court upheld…