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…
Rochester Medical Malpractice and Personal Injury Lawyer Blog
Court Discusses Privilege Protecting Quality Assurance Review Meetings in New York Obstetric Malpractice Case
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…
New York Court Discusses Proof Needed to Establish a Doctor-Patient Relationship
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.…
New York Court Discusses Medical Malpractice Cases Involving Multiple Defendants
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…
Court Discusses Purpose of Bill of Particulars in New York Oncology Malpractice Case
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…
Court Discusses Sufficiency of Expert Affirmation in New York Podiatry Malpractice Case
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…
New York Court Discusses the Law of the Case Doctrine in a Medical Malpractice Case
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…
New York Court Discusses Res Ipsa Loquitor in a Gynecologic Malpractice Case
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…
New York Court Discusses Grounds for Granting Reargument on a Motion for Summary in Failure to Diagnose Case
Patients rely on doctors to provide adequate care, which includes properly diagnosing any injury or illness. If a doctor fails to diagnose a medical issue in a timely manner it can result in significant harm or even death and may be grounds for a medical malpractice action. In weighing whether…
New York Court Discusses Standard for Granting Judgment as a Matter of Law in Medical Malpractice Cases
In cases involving obstetric malpractice, a plaintiff will typically exercise her right to a trial by jury. A jury trial allows a panel of the plaintiff’s peers, rather than a judge, to assess whether the defendant caused the plaintiff to suffer harm and if so, what damages the plaintiff should…