In any medical malpractice lawsuit, it is important to hire an attorney who is mindful of statutory filing obligations, as the failure to comply with deadlines can drastically impair a plaintiff’s right to recover damages. Recently, the Supreme Court of New York, Appellate division, discussed when it is appropriate to…
In New York, in any case alleging medical malpractice, the burden of proof moves from the plaintiff to the defendant and then back to the plaintiff. Thus, if the defendant sets forth an expert affidavit refuting the allegations in the plaintiff’s bill of particulars, the plaintiff can only avoid a…
In any case alleging hospital malpractice, the burden of proof as to whether the defendant deviated from the standard of care and thereby caused the plaintiff harm shifts from the plaintiff to the defendant and then back to the plaintiff. Recently, a New York appellate court discussed the evidence each…
Generally, a party alleging obstetric malpractice is entitled to the disclosure of any facts and information that is necessary and material to pursue a lawsuit. While the policy typically favors liberal discovery, there are some privileges that provide exceptions to the general rule. For example, Education Law § 6537(3) protects…
There are several elements a person harmed by medical malpractice must prove to recover damages from the care provider that caused his or her harm. First, and perhaps most importantly, the injured party must show that he or she was a patient of the doctor that rendered the inadequate care.…
It is not uncommon for a plaintiff in a medical malpractice case to allege that both the doctor that provided his or her treatment and the hospital where the treatment was rendered are liable for any harm caused by the treatment. There are numerous factual disputes that can arise in…
When a patient has a complex disease such as cancer, he or she will typically treat with more than one medical care provider. Thus, in lawsuits arising out of oncology malpractice, several physicians may be named as defendants responsible for the injured party’s harm. Regardless of how many defendants are…
When people think of a malpractice case, they often think of cases involving high-risk procedures, but malpractice can and does occur in any practice area, including seemingly low-risk areas such as podiatry. Regardless of the nature of the underlying treatment, if a doctor’s care causes harm it is essential to…
In any Rochester medical malpractice case, there will likely be motions presented by either party, which the court will hear and rule upon. When the court issues a ruling on a contested matter it defines the law of the case, and absent new evidence, all parties must abide by the…
As gynecologic malpractice cases involve complex facts and issues that are typically beyond the understanding of the average person, most medical malpractice cases rely on experts to prove liability. In some cases, however, gynecologic malpractice is so clear that expert opinions may not be necessary. Rather, the plaintiff will rely…