Medical malpractice cases typically arise in the context of a doctor-patient relationship. In other words, the plaintiff will usually be a patient hurt by the defendant’s negligent care. Under New York law, however, a doctor may be held liable for medical malpractice for harm suffered by someone other than their…
When people suffer harm in the course of receiving medical care, it is often due to the incompetence of their healthcare providers. Negligent healthcare providers, however, will rarely admit liability. In other words, the parties will dispute whether the medical acts in question were performed properly and, if not, whether…
Under New York law, there are different statutes of limitations for pursuing negligence and medical malpractice actions. While such claims are similar, there are key differences between them, and if a party seeking damages for harm caused by a medical professional fails to properly characterize their claims, they may unintentionally…
First responders are often dispatched to provide emergency medical care to people suffering from critical health concerns. Tragically, however, first responders sometimes make fatal mistakes when offering acutely ill people care. In such instances, the first responders can often be held accountable for medical malpractice. Recently, a New York court…
Typically, victims of medical negligence will pursue medical malpractice claims against the providers that caused their harm. In certain situations, though, incompetent medical care may give rise to a constitutional violation claim. Recently, a New York court issued an opinion differentiating between the two causes of action in a matter…
Doctors will often admit people who have undergone surgery to rehabilitation facilities prior to releasing them home. Rehabilitation centers are intended to prevent people from sustaining injuries while they recover. Unfortunately, some people staying in such facilities suffer significant harm. Simply because a person suffers injuries while in a rehabilitation…
Under New York law, a plaintiff in a medical malpractice case is required to submit a bill of particulars, which essentially is a document outlining the basis of their claims against the defendant. If a plaintiff fails to assert alleged misconduct in a bill of particulars, it generally waives to…
Generally, a party pursuing medical malpractice claims in New York has the right to decide where to file their lawsuit, and the courts will generally defer to their choice of venue. There are exceptions, however, such as when the plaintiff and defendant entered into a contract that dictates where any…
It is well-established under New York law that parties seeking compensation for medical malpractice must submit expert testimony to support their claims. While a person does not necessarily have to practice in the same specialty as the defendant to act as an expert, they must nonetheless be qualified, and if…
People suffering from drug addiction will often seek treatment at a healthcare facility. Typically, doctors oversee the care of patients in drug treatment facilities; as such, if a patient dies while going through the detoxication process, their surviving family members may pursue medical malpractice claims against the doctor in charge…