Most forms of treatment, including surgical procedures, carry some degree of risk. As such, a doctor must advise a patient of the potential adverse consequences of a treatment prior to administering it so that the plaintiff can make an intelligent and informed decision as to whether to proceed. If a…
Medical malpractice claims, like most causes of action, are subject to a statute of limitations. In other words, if a person injured by a reckless health care provider fails to pursue damages within the time permitted by the law, it may result in the waiver of the right to compensation.…
While plaintiffs in medical malpractice cases will typically allege that the defendant health care providers were negligent, there is a difference between what a plaintiff must prove to establish ordinary negligence as opposed to medical negligence. As such, if a plaintiff does not offer adequate proof in support of his…
Usually, medical malpractice cases arise out of harm caused by careless behavior. In some instances, however, a patient will suffer damages due to a physician’s acts that are not only intentional but also constitute criminal behavior. In such matters, the injured party may be able to establish negligence as a…
Generally, when plaintiffs file medical malpractice actions, they will include in their complaints any allegations of negligent acts committed by the defendants that ultimately led to their harm. While plaintiffs have the right to amend their pleadings during the course of litigation, the right is not limitless, and plaintiffs that…
In medical malpractice cases, it is not uncommon for more than one health care provider to be named as a defendant. In such instances, the plaintiff must independently prove the liability of each defendant, and merely because there is sufficient evidence to hold one provider accountable does not mean that…
A medical malpractice lawsuit, like most civil claims, must be pursued in a timely manner; otherwise, the injured party may waive the right to recover damages. In some instances, though, plaintiffs that fail to file cases within the applicable statute of limitations may nonetheless be able to proceed with their…
Doctors owe their patients a duty to provide the care expected of a reasonable practitioner working in the same specialty. They are not, however, typically expected to render treatment that exceeds the scope of their practice area. This was demonstrated in a recent New York opinion, in which the court…
While most treatments and procedures are ultimately beneficial to patients, they also carry some degree of risk. As such, doctors must advise patients of the benefits and potential harm that could arise from a proposed plan of treatment, as well as any available alternatives, before providing the suggested care. If…
In all but the clearest of cases, what constitutes medical malpractice is generally not readily understood by the average juror. As such, medical malpractice cases typically hinge on expert testimony. Plaintiffs that fail to produce expert testimony, then, will likely have their cases dismissed, as they will be unable to…