Typically, whether a medical provider is guilty of malpractice is an issue that is presented to the jury at trial. In cases in which liability, or the lack thereof, is clear, though, either party may ask the court for a directed verdict, to avoid the risk of the jury ruling…
Procedural errors and the failure to comply with court-ordered and statutory deadlines can have a detrimental impact on a plaintiff’s case, and in some instances, may result in the dismissal of a case altogether. This was illustrated in a recent medical malpractice case filed in New York, in which the…
While some people are reluctant to retain legal counsel prior to filing a medical malpractice lawsuit due to fears regarding costs, the decision to proceed pro se can have drastic consequences, as the plaintiff’s lack of understanding of the law may result in a permanent waiver of the right to…
In New York, people that render medical care to other individuals are generally held to a higher standard of care than an ordinary person and may be deemed liable for medical malpractice if they deviate from the standard. In some instances, though, a plaintiff harmed by negligent medical care must…
Medical malpractice lawsuits are complicated in general and can become especially complex when they involve claims against facilities that receive funding from the federal government, as they involve additional requirements. The consequences of skirting such obligations were shown in a recent hospital malpractice case in New York in which the…
Frequently, a plaintiff harmed by negligent health care will be able to pursue more than one cause of action in a lawsuit against his or her treatment provider. For example, in many instances, a plaintiff will assert both a medical malpractice claim and a lack of informed consent claim. While…
Although most people who pursue medical malpractice claims in New York will ask a jury of their peers to determine liability and assess damages, juries do not always issue verdicts that are in accordance with the evidence of record. For example, in some cases, a jury will find in favor…
In medical malpractice claims in New York, the burden shifts between the parties with regards to proving or disproving that a party’s harm was caused by incompetent care. In other words, if a defendant produces evidence sufficient to refute a plaintiff’s claims, the lawsuit may be dismissed unless the plaintiff…
In New York, a party alleging that a doctor committed medical malpractice typically must produce an expert report to establish the manner in which the doctor failed to comply with the standard of care and to link the doctor’s acts to the purported harm. Simply producing a report is not…
Medical doctors are held to a specific standard of care, and if they depart from the standard, they can be held accountable for injuries or illnesses caused by their incompetence. It is axiomatic, however, that they may only be deemed liable for medical malpractice if their negligent acts harm a…