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…
Typically, when a patient presents to a hospital with symptoms or complaints, he or she will consent to receive treatment from the attending physicians while retaining the right to leave if he or she chooses. In some instances, however, the hospital will take steps to admit a person without his…
Usually, when a plaintiff files a medical malpractice case in New York, he or she will ask that a jury assess liability and damages. In most cases, the jury will rule accurately. In cases in which the jury grossly misevaluates the evidence presented, however, the party that received an adverse…
In many instances in which a patient is harmed by negligent medical care, more than one care provider will have provided the patient with inadequate treatment. Thus, it is not uncommon for multiple defendants that practice in different specialties to be named in a medical malpractice lawsuit. While the parties…
In many instances, a doctor’s failure to conduct the tests needed to provide a patient with an accurate diagnosis constitutes medical malpractice. In some cases, however, even if a doctor’s diagnosis is delayed, the doctor may not be held liable for any harm suffered by the patient if the applicable…