If a patient is harmed by incompetent medical care provided in a hospital, the patient may not only be able to pursue claims against the negligent medical provider, but he or she may also be able to pursue claims against the hospital as well. Whether a hospital can be held…
In most medical malpractice cases, the parties will produce expert affirmations in support of their claims or defenses. It is not sufficient to merely produce an expert affirmation, however. Rather, the affirmation’s weight and credibility will be assessed by whether it meets certain requirements. This was demonstrated in a recent…
In most medical malpractice cases, the strength of each party’s position comes down to the credibility of their experts. Not only must a plaintiff’s expert set forth an opinion sufficient to establish the defendant’s liability, however, the expert must also demonstrate that he or she is sufficiently qualified to render…
Some people who suffer injuries due to medical malpractice are reluctant to retain an attorney for numerous reasons and will attempt to proceed through the litigation process on their own. Medical malpractice cases are complicated, however, and require adept handling that is beyond the capacity of most individuals. Recently, the…
A plaintiff pursuing medical malpractice claims in New York must prove that the defendant medical provider deviated from the standard of care, causing the plaintiff harm. In most cases, this is established via the opinion of a medical expert. Although it is beneficial to retain an expert that practices in…
It is common for people experiencing acute or critical medical issues to visit a hospital for treatment. If the care provided in the hospital harms, rather than helps, a person, the person may seek damages against the care providers that provided the inadequate treatment. Additionally, in some cases, the injured…
In medical malpractice cases in New York, the plaintiff is required to set forth a bill of particulars that explains in detail the manner in which the defendant care provider caused the plaintiff’s harm. In turn, the defendant bears the burden of refuting each claim set forth in the bill…
Generally, a person injured by medical malpractice has the discretion to choose where to file a lawsuit seeking damages. If the defendant believes a lawsuit was filed in an improper county, though, the defendant can challenge the plaintiff’s selection and petition the court to move the case to another location.…
There are basic elements that each party must meet in a medical malpractice case to show that judgment should be entered in their favor. In other words, the plaintiff must show harm caused by the defendant’s departure from the applicable standard of care. If the plaintiff meets this burden, the…
A delay in receiving an accurate diagnosis can cause irreparable harm, but how long of a delay is sufficient to constitute malpractice is typically within the purview of the jury. If the jury issues a defense verdict that is contrary to the evidence of record in a delayed diagnosis case,…