Typically, when a patient seeks treatment in a hospital, the doctors and nurses that provide the patient with care will be employed by the hospital. Thus, if they perform their duties improperly, the hospital may be deemed vicariously liable for their acts. In some instances, however, medical staff members working…
A prompt and accurate diagnosis is an essential element of competent medical care. Thus, a doctor that fails to diagnose a plaintiff in a timely manner may be liable for medical malpractice. If a patient does not promptly pursue claims against a doctor, though, the right to recover damages may…
In many medical malpractice cases, the defendant will seek to have the claims against it dismissed prior to trial. Even if a defendant demonstrates that it did not depart from the accepted practice of medicine, though, a plaintiff can avoid dismissal by producing evidence sufficient to refute the defendant’s assertions.…
Under New York law, people injured by incompetent medical care must pursue claims for damages within a certain timeframe, or they may waive the right to recover compensation. In other words, a patient must not only file a medical malpractice lawsuit within the statute of limitations but must also actively…
Anesthesiology is a complicated practice area, and an anesthesiologist that does not properly perform his or her duties can cause a patient grave harm. Simply because an individual suffers harm while undergoing anesthesia prior to a procedure, however, it does not necessarily mean that the person will be able to…
Medical malpractice claims in New York must be filed within the statute of limitations; otherwise, the plaintiff’s claim may be dismissed. In cases in which the plaintiff has an ongoing treatment relationship with the defendant, though, the statute of limitations may be tolled pursuant to the continuous treatment doctrine. The…
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…