In most medical malpractice cases, the injured parties will try to resolve the case as swiftly as possible, so that they can attempt to repair the harm they suffered and move forward in life. In some instances, however, the injured party will delay in proceeding with his or her case,…
In medical malpractice cases, like all civil cases, hearsay testimony is inadmissible unless it falls under one of the enumerated exceptions. For example, under the business records exception to the hearsay rule, hospital records may be admissible in certain instances, despite the fact that they contain hearsay. Recently, a New…
In many cases in which a person is harmed by primary care malpractice, he or she may be unable to pursue a claim on his or her own behalf. In such instances, a guardian can be appointed to assert the injured party’s right to seek damages. In a recent primary care…
Many pregnant women treat with ob-gyns throughout their pregnancy, to monitor both their health and the health of their unborn child. As part of this care, ob-gyns routinely perform ultrasounds, to scan for abnormalities. In a recent case arising out of the death of a pregnant woman due to complications…
Medical malpractice cases are fact-intensive and require both parties to offer proof as to whether the facts are sufficient to establish a breach of the applicable standard of care. If the court finds that under the facts of the case the defendant cannot be held liable as a matter of…
Proving liability for surgical malpractice can be difficult and many New York surgical malpractice cases are dismissed prior to going to trial. In sum, if defendants can establish that there is no genuine issue of fact as to whether they deviated from the applicable standard of care, they can prove…
Plaintiffs seeking damages in New York medical malpractice lawsuits are subject to a high burden of proof, and in many cases, the defendant health care providers are able to successfully argue that the plaintiff has not met his or her burden of proof and obtain a dismissal via summary judgment…
When people are diagnosed with cancer, they rely on hospitals and oncologists to provide appropriate care and treatment. If an oncologist advises a person that the person’s cancer is in remission, the person will generally take this to mean that they no longer have cancer. Recently, a New York appellate…
In a New York surgical malpractice case, the defendant surgeon can avoid liability if he or she can prove that he or she did not depart from the standard of care, or that any departure did not cause the alleged harm. The defendant surgeon must provide clear and sufficient evidence…
In New York summary judgment motions in medical malpractice cases, the burden shifts from the plaintiff to the defendant and then back to the plaintiff with regards to whether the defendant should be held liable for medical malpractice. Generally, a defendant must produce an expert affidavit to support the argument…