In New York, medical malpractice cases are typically a battle of the experts. Thus, if a defendant establishes the right to judgment in its favor via expert testimony but the plaintiff is unable to demonstrate there is a need for a trial on disputed issues via the affidavit of an…
Vasectomies are routine surgeries that are generally completed without complications. Thus, if issues arise after a procedure, it could be due to medical malpractice. A plaintiff alleging a negligently performed vasectomy caused him to suffer harm must generally obtain an expert to testify that the defendant departed from the accepted…
There are side effects associated with many medical treatments for health concerns. Usually, a doctor will inform a patient of the potential risks of a course of care and advise whether the benefits outweigh the possible harm. If a physician fails to fully educate a plaintiff on the possible consequences…
A patient that suffers unexpected harm during surgery may be able to pursue claims against the doctor that performed the procedure. To prove the physician’s liability, the patient typically must show a deviation from the standard of care, but in cases in which it is obvious that harm was caused…
Many hospitals and medical facilities hire practitioners who work as independent contractors. While hospitals can be held vicariously liable for harm caused by their employees, a patient seeking to imposed liability on a care provider for injuries sustained during treatment by a non-employee must prove the person was acting as…
Generally, a plaintiff injured by a reckless health care provider must produce expert testimony regarding the breach of the standard of care. In cases in which the harm suffered is clearly the result of negligence, though, the plaintiff may be able to argue that the doctrine of res ipsa loquitur,…
In medical malpractice cases, the injured party must show that the health care provider deviated from what is considered the accepted practice of medicine. Thus, the person seeking damages must produce evidence demonstrating the standard of care. In a recent opinion, a New York court discussed what evidence is admissible…
Under New York law, even if a person harmed by negligent medical care has a legitimate claim for damages, procedural errors may prevent the person from recovering compensation. For example, it is imperative that any medical malpractice claim is filed within two and a half years of the alleged date…
In New York, it is well established that a patient harmed by incompetent medical care must meet a specific burden of proof to recover damages. In other words, a plaintiff in a medical malpractice case must produce evidence that is sufficient to show that a doctor failed to comply with…
In many medical malpractice cases, the plaintiff will assert multiple claims against the defendant. Thus, a defendant that refutes liability must address each claim via an expert affidavit, and the plaintiff must thoroughly demonstrate the flaws in the defendant’s expert’s opinion via a counter expert affidavit. In other words, it…