Under New York law, employers can be held accountable for the negligent behavior of their employees in certain situations. For example, a hospital may be liable for injuries that arise out of incompetent care rendered by a physician it employs. Vicarious liability will only be imposed on hospitals in certain…
Rochester Medical Malpractice and Personal Injury Lawyer Blog
New York Court Examines Liability Arising Out of the Reckless Disregard for the Safety of Others
Generally, in a lawsuit arising out of a car accident, the party named as a defendant will be the driver of a vehicle involved in the collision. In some cases, though, other parties may be deemed liable for harm arising out of a car accident. Specifically, as shown in a…
New York Court Examines Medical Malpractice Claims Pursued by Non-Patients
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…
New York Court Explains Burdens of Proof in Medical Malpractice Cases
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…
New York Court Discusses Differences Between Negligence and Medical Malpractice Claims
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…
New York Court Discusses Demonstrating First Responders Committed Medical Malpractice
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…
New York Court Explains When Medical Malpractice Becomes a Constitutional Violation
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…
New York Court Discusses Establishing Liability for Medical Malpractice
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…
New York Court Discusses Bills of Particulars in Medical Malpractice Cases
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…
New York Court Discusses the Enforceability of Forum Selection Clauses in Medical Malpractice Cases
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…