People that live with mental illness sadly often harbor ideations of self-harm. If a mental health provider treating a patient with depression or anxiety fails to prevent their death by suicide, the patient’s family members can pursue medical malpractice claims against the provider. In order to institute a medical malpractice…
People hurt in motor vehicle collisions will often seek compensation for their harm via personal injury claims. Such claims must be pursued in a timely manner, though; otherwise, they will likely be dismissed, as discussed recently in an opinion delivered in a New York case. If you suffered harm due…
Medical records are a critical component of establishing liability in medical malpractice cases. As such, if a hospital named as a defendant in a medical malpractice case fails to retain records regarding a plaintiff’s treatment, it may be sanctioned by the court. Generally, though, the court will not impose the…
New York law dictates that people who want to pursue medical malpractice claims against their healthcare providers must do so within a specified timeframe. In addition to complying with the statute of limitations for medical malpractice claims, parties seeking compensation from a public entity must abide by the notice requirements…
Generally, a plaintiff seeking damages in a lawsuit arising out of a motor vehicle collision must demonstrate the defendant’s negligence in order to prevail. In some instances, though, other standards of care will apply. For example, a defendant that causes a crash while operating an authorized emergency vehicle will only…
In New York medical malpractice cases, which party prevails depends in large part on who offers more compelling expert testimony. Thus, it is not uncommon for one party to try to prevent the other from presenting an expert at trial. It is within the trial court’s discretion as to whether…
Under New York law, establishing liability in a medical malpractice case requires a plaintiff to establish that the defendant departed from the applicable standard of care and that such a departure caused the plaintiff harm. If the plaintiff is unable to offer evidence sufficient to meet their burden, their claims…
Many medications have side effects, and while generally, the benefits provided by such drugs outweigh any potentially detrimental consequences, doctors must assess each patient’s risk factors to determine whether a medication is appropriate. Doctors that recklessly prescribe medications may be held accountable for any harm caused by their carelessness, but…
People injured in car accidents will often pursue claims against the person that caused the collision. Pursuant to New York law, though, people involved in car crashes can only recover damages if they suffer serious harm. Recently, a New York court discussed the serious injury threshold in a matter in…
New York imposes strict time limitations as to when a person can pursue medical malpractice claims. Thus, if a person injured by a negligent doctor fails to file a medical malpractice lawsuit within the statute of limitations, their claim will most likely be dismissed. As explained in a recent New…