The COVID-19 pandemic has caused widespread harm, and many people who contract the virus suffer incomprehensible losses. While there are numerous federal laws that protect health care providers from liability for COVID-19 related treatment of patients, they do not altogether preclude injured parties from pursuing medical malpractice claims. Nor do…
Generally, plaintiffs have the right to choose the forum in which they wish to pursue their medical malpractice claims. There are limitations to the plaintiff’s right to designate where a case should be heard, however, and if a court lacks jurisdiction over a matter, the plaintiff cannot demand that it…
It is not uncommon for people who are frustrated by the level of medical care they receive in federal institutions to represent themselves in medical malpractice claims against their providers. While people have the right to pursue such claims without the assistance of attorneys, they are bound by the same…
Many hospitals and medical facilities in New York are owned or operated by public corporations. While parties injured by medical negligence can pursue malpractice claims against such establishments, they must comply with certain pleading requirements. For example, they must provide notice of their potential claims to the public corporation or…
In New York, a plaintiff in a medical malpractice case will typically rely on expert testimony to prove the defendant should be held liable for the plaintiff’s harm. Only certain people are qualified to testify as experts, though. Further, even if experts possess the required qualifications, they may nonetheless be…
In many instances, there are multiple ways to treat an acute injury or chronic condition. As such, simply because a patient does not agree with a doctor’s chosen course of care does not mean the doctor should be deemed liable for medical malpractice. Instead, a plaintiff alleging a physician committed…
Most surgeries carry some potential for harm, but many patients determine that the benefits outweigh the risks. Patients must be fully informed of the possible side effects of procedures, though, otherwise, they cannot make educated decisions regarding whether to proceed. As such, doctors who fail to obtain their patient’s informed…
A patient that suffers harm due to a medical procedure may seek to recover damages via a medical malpractice lawsuit. In some instances, an injured patient may not only be able to allege the surgeon who performed the surgery is liable for medical negligence but may also be able to…
In medical malpractice cases, expert opinions are not only needed to establish the standard of care but also to causally link the defendant’s breach of the standard to the plaintiff’s harm or demonstrate that the defendant complied with the standard and should not be held liable for any losses the…
Ophthalmologists generally provide routine care, but they are expected to be able to diagnose and treat serious eye issues as well. As such, if they fail to diagnose an illness in a timely manner, it can lead to permanent vision issues and may be grounds for a medical malpractice lawsuit.…