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…
Lung cancer is a devastating disease, and a delayed diagnosis can worsen the already poor prognosis many patients with lung cancer face. People who suffer harm because of a doctor’s failure to diagnose a disease may be able to recover damages via medical malpractice lawsuits. Just as a delay in…
Sadly, many people seeking care in the emergency room of a hospital ultimately suffer devastating harm. The mere occurrence of a catastrophic injury does not necessarily prove medical malpractice has occurred, though. Instead, a plaintiff seeking damages for medical negligence must produce an expert report showing that the evidence of…
Many children suffer from asthma, and while it is generally a manageable condition, it can lead to acute medical events that require immediate treatment. If a paramedic fails to properly provide emergency care to a child having an asthma attack, it can have tragic consequences. Incompetent care does not always…
Typically, people who hit their heads in car collisions will go to a hospital, which in many instances will result in a diagnosis of a traumatic brain injury. If the doctors in a hospital failed to conduct the appropriate tests, though, it can result in a missed diagnosis, which tragically…
People harmed by incompetent medical care often pursue damages via malpractice claims, but not all harm suffered by patients necessarily constitutes grounds for a lawsuit. To avoid frivolous cases, plaintiffs must meet certain pleading requirements to establish the validity of their claims, and if they do not, their cases may…
Cancer is a destructive disease, and when it is not properly diagnosed, it is often fatal. People who lose loved ones because of a doctor’s failure to diagnose or treat cancer have the right to seek damages via a wrongful death claim. In some instances, however, even if there is…