Medical malpractice claims in New York often hinge on whether expert testimony establishes both a deviation from accepted medical standards and causation. If a defendant offers competent expert evidence showing that care was appropriate and that no harm resulted from any alleged error, the burden shifts to the plaintiff to…
Medical malpractice verdicts must rest on legally sufficient evidence linking a physician’s conduct to a patient’s injuries. In other words, even when a jury finds a departure from accepted standards of care, that finding must be supported by proof that the departure caused harm. The importance of establishing proximate cause…
When a newborn suffers severe neurological injuries during childbirth, questions often arise as to whether those injuries could have been prevented through timely and appropriate medical intervention. In New York, parents must first satisfy specific procedural requirements before bringing suit against a public hospital, and if they fail to do…
In emergency care settings, medical providers must quickly evaluate and treat injuries based on available information. However, patients also bear responsibility for following through with recommended care, and if they fail to do so, it may undermine any medical malpractice claims they later choose to pursue, as demonstrated in a…
In medical malpractice litigation, establishing whether a physician followed accepted standards of care is often a matter of expert testimony. When experts disagree, courts are generally reluctant to resolve the case before trial. A recent decision from a New York court highlights how disputes over a physician’s diagnostic and treatment…
In medical malpractice litigation, timing can be everything, especially when a diagnosis is allegedly delayed. When a physician fails to order appropriate testing or pursue a differential diagnosis, it can have irreversible consequences for the patient. A recent New York decision highlights how disputes over whether a delay in diagnosis…
In high-stakes medical malpractice litigation, timing can be just as critical as the substance of the claims. Courts enforce strict deadlines for dispositive motions like summary judgment, which can derail a party’s case. However, a recent New York decision suggests that courts will consider granting leeway when confusion arises from…
In the chaos of medical procedures and postoperative care, patients trust healthcare providers not only to treat them effectively but also to safeguard them from harm. Yet when an injury occurs—such as a fall while under medical supervision—the question of whether it constitutes simple negligence or rises to the level…
Medical facilities have a duty to take appropriate precautions to prevent their patients from suffering foreseeable harm. For example, in cases involving fall risks, hospitals and medical staff must ensure they have implemented adequate safety measures to protect patients, and if they neglect to do so, it may lead to…
Many medical malpractice cases hinge on the strength of expert testimony, particularly when complex medical conditions are involved. Plaintiffs must not only demonstrate a deviation from the standard of care but also establish that the negligence directly caused harm. This was emphasized in a recent New York medical malpractice case…