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…
Accidents that occur in nursing homes unfortunately often cause fatal injuries. People who suffer the loss of a loved one due to the negligence of a medical facilities’ staff members have the right to pursue compensation, but if they fail to prove the elements of their claims, they may be…
Many hospitals throughout New York engage staffing companies to provide physicians to offer medical services to their patients. In other words, many of the doctors who work at such hospitals are considered independent contractors rather than employees. While hospitals may be deemed vicariously liable for the negligent acts of their…
In New York, certain medical facilities are owned and operated by the federal government. As such, medical malpractice claims against such entities must typically be brought under the Federal Tort Claims Act (the Act). If a plaintiff fails to abide by the notice requirements imposed by the Act, it may…
Expectant mothers look forward to many things prior to the births of their children, but they rarely anticipate that their babies will suffer harm at birth due to the negligence of health care providers. Children that suffer birth injuries may be owed substantial compensation, including the cost of any ongoing…
People harmed by medical malpractice are sometimes hesitant to hire an attorney for various reasons. Medical malpractice cases are complex, however, and plaintiffs that pursue them without the assistance of an attorney often suffer adverse consequences. This was demonstrated recently in a gynecological malpractice case filed in the United States…
A plaintiff in a New York medical malpractice case typically must produce evidence showing each element of the underlying claims in order to recover damages. As such, if a plaintiff fails to produce competent evidence, their claims may be dismissed before the case proceeds to trial via summary judgment. Recently,…