While medical malpractice lawsuits arising out of birth injuries are typically more heart wrenching than other malpractice lawsuits, the burden of proof imposed on all parties involved in a birth injury lawsuit is nonetheless the same. Specifically, the plaintiff must show harm caused by a departure from the standard of…
A doctor may not only injure a patient by performing a procedure improperly but may also cause a patient to suffer harm by failing to warn the patient of the potential risks and side effects of a procedure. Thus, a doctor may commit malpractice by failing to obtain a patient’s…
Losing a child due to medical malpractice can cause great emotional trauma. In some cases, though, despite the grave emotional harm suffered by a parent that loses a child due to incompetent medical care, a parent cannot recover damages for emotional distress, as demonstrated in a recent obstetrician-gynecologist malpractice case…
It is well-established that in medical malpractice cases in New York, a defendant may obtain a ruling in its favor prior to trial if it establishes a prima facie showing that it is entitled to judgment as a matter of law. Even if a defendant meets its burden of proof,…
Generally, a physician must conduct a thorough and complete examination of a patient in order to provide the patient with an accurate diagnosis and recommend the appropriate treatment. Whether an examination was sufficient is generally a fact-specific question and varies from case to case. Recently, though, a New York court…
In medical malpractice cases in New York, the plaintiff generally decides where the action will be heard, as the plaintiff is the party filing the lawsuit. A defendant has the right to seek a change of venue, however, if the County the plaintiff chose to file his or her lawsuit…
It is the well-established law in New York that a plaintiff only gets one bite of the theoretical apple. In other words, a plaintiff cannot seek the same damages or litigate the same claims multiple times. Not only does this prevent a plaintiff from seeking to relitigate claims following a…
In a medical malpractice case, whether the plaintiff’s claims are ultimately successful depends on numerous factors, including whether the plaintiff complies with the rules of procedure. In other words, even if a plaintiff has a meritorious claim, if he or she does not move his or her case along in…
Medical malpractice cases are typically complex, and the issue of whether a health care practitioner departed from the accepted standard of care typically fall outside of the understanding of the average person. Thus, in most medical malpractice lawsuits, the plaintiff will have to rely on expert testimony to establish liability.…
In many medical malpractice cases, after discovery is complete, the defendant will file a motion for summary judgment asking the court to dismiss the plaintiff’s claims. In any case in which a defendant files a motion for summary judgment, it is critical for the plaintiff to respond to the motion…