People typically consider medical malpractice to be harm caused by negligent doctors. While many medical malpractice claims arise out of the careless acts of physicians, other healthcare providers, including nurses, can be liable for the injuries caused by negligent medical care. In a recent opinion issued in a New York…
Rochester Medical Malpractice and Personal Injury Lawyer Blog
New York Court Discusses Grounds for Dismissing Medical Malpractice Claims
In New York medical malpractice lawsuits, it is incumbent upon the parties to not only demonstrate their positions are supported by sound evidence but also to comply with the applicable rules of procedure. As demonstrated in a recent New York ruling in which the court ultimately dismissed the plaintiff’s medical…
Court Explains Evidentiary Burdens in New York Medical Malpractice Cases
In New York medical malpractice cases, each party bears a significant burden of proof. If either party fails to offer evidence sufficient to meet their burden, the court may rule in their opponent’s favor. In a recent opinion, a New York court explained each party’s evidentiary burden in medical malpractice…
New York Court Discusses Evidence in Medical Malpractice Cases
Many older and infirm patients who are admitted to the hospital for critical care are unable to move out of their beds or walk independently. In such instances, the physicians and nurses attending to the patient’s care will typically employ fall prevention measures. If they fail to do so, and…
New York Court Discusses the Statute of Limitations in Medical Malpractice Cases
New York law provides people harmed by the incompetence of doctors the right to seek compensation via medical malpractice claims. The right is not infinite, though, as such claims must be pursued within the statute of limitations. Certain scenarios warrant tolling of the statute of limitations, however, as discussed in…
New York Ruling Highlights Importance of Disclosures in Medical Malpractice Cases
Expert testimony is a key component of New York medical malpractice lawsuits, and the strength of an expert’s opinion can make or break a plaintiff’s case. A plaintiff must provide the defendant with information regarding their expert and the expert’s proposed testimony prior to trial, however, to allow the defendant…
Bus Injuries Suffered While Boarding or Disembarking the Bus
Many people overlook the potential hazards associated with getting on and off the bus when it comes to bus accidents. Collisions with other vehicles while the bus is moving are more likely to result in severe injuries, however, passengers can suffer very serious injuries if they trip, slip, or fall…
The Risks and Dangers of Undiagnosed Maternal Infections
Maternal infection is any infection in a pregnant woman that can spread through the blood, placenta, or birth canal during pregnancy or childbirth. If left untreated, such an infection can result in serious, even long-term, injuries and disabilities for the baby. Therefore, discovering a maternal infection early on and treating…
Failure to Diagnose Glaucoma
We go to eye doctors to make sure our eyes are healthy and free of disease or when we notice symptoms of a problem. Sometimes another doctor refers us to an eye specialist. Optometrists and ophthalmologists are the two main types of eye doctors. Optometrists provide patients with general eye…
Tracheotomy Errors
The tracheotomy procedure, also known as a tracheostomy, is a type of medical procedure that involves the use of a breathing tube. These procedures are frequently performed on patients with neck or facial cancer or significant facial injuries. Patients who have had recurrent pneumonia or any other type of breathing…