A delayed diagnosis can cause irreparable harm, but proving a delay in providing an accurate diagnosis caused a person’s damages can be challenging and will typically require the testimony of one or more experts. The pitfalls of failing to obtain a qualified expert were recently demonstrated in a pediatric malpractice case, in…
In New York medical malpractice cases, the burden moves from the plaintiff to the defendant and then returns to the plaintiff. In other words, case law established that if the defendant set forth prima facie evidence showing it was entitled to a dismissal of the plaintiff’s claim, the plaintiff was…
There are strict timelines for when a person may file a medical malpractice case under New York law. While there are some exceptions to the statutory time limitations, a delay in pursuing a claim may result in a waiver of the right to recover damages. This was shown by a…
Anyone involved in a surgical malpractice case has the right to be represented by an attorney. If a person waives that right and chooses to proceed on his or her own behalf, then any attorney involved in the case can communicate directly with the person. If a person is represented…
When a person is harmed by negligent medical care, in many cases, there will be more than one party responsible for the harm. For example, a person who sustained injuries due to incompetent treatment in a hospital may be able to pursue claims against not only the treating physicians but…
Summary judgment is a harsh remedy that is only to be used in the clearest cases. Thus, even if a defendant in a medical malpractice case establishes a prima facie right to judgment as a matter of law, the claims against the defendant will not be dismissed if the plaintiff…
In surgical malpractice cases, evidence regarding what actions the defendant surgeon took before, during, and after the surgery is often offered by the plaintiff to prove liability or by the defendant in support of the argument that there was no deviation from the standard of care. Typically, the defendant’s acts…
It is not uncommon for a plaintiff who is pursuing damages due to medical malpractice to die following the institution of the lawsuit. Thus, in many cases, the need arises to substitute the administrator of the deceased plaintiff’s estate as a party in the lawsuit. Any substitution must be made…
Hospitals, like doctors, are required to comply with a standard of care in treating patients. In many cases in which a hospital breaches the standard of care, a plaintiff will be able to assert both negligence and medical malpractice claims against the hospital. It is crucial for anyone who wishes…
In many instances in which a person has been harmed by medical malpractice, the harm occurs under circumstances that may be shocking to a layperson, causing anger and outrage. Thus, it is not uncommon for a defendant in a medical malpractice case to seek an order from the court prohibiting…