When injuries occur in a hospital setting, determining whether the claims arise from medical malpractice or ordinary negligence can significantly impact a case’s viability. This distinction often determines the applicable statute of limitations and legal standards for proving liability. A recent New York decision highlights this distinction and how New…
Generally, people pursuing medical malpractice claims will present evidence to a jury to prove that a deviation occurred and caused harm. Juries do not always make rules in accordance with the evidence, though, and if they do not, their verdict may be subject to challenge, as demonstrated in a recent…
Medical malpractice cases often involve intricate questions regarding the standard of care and causation. The complexity of such claims was illustrated in a recent New York decision in which the court partially denied a motion for summary judgment in a case alleging negligence in discontinuing seizure medication. If you suffered…
The legal system provides pathways for individuals to seek remedies for injuries caused by alleged medical malpractice. However, plaintiffs must navigate the jurisdictional requirements to ensure that their claims are appropriately filed. The importance of federal jurisdiction and its limitations in addressing medical malpractice claims was highlighted in a recent…
In many instances, emergency C-sections are necessary to prevent children or mothers from suffering grave injuries. While C-sections can be life-saving procedures, post-surgical complications can arise that nonetheless cause harm. In many cases, such complications are the direct result of negligence and are grounds for pursuing medical malpractice claims. Expert…
People who are admitted to hospitals for the management of acute and chronic conditions expect that they will receive competent care that protects their health and safety. Unfortunately, though, hospitals do not always treat patients in a manner that meets their expectations and sometimes commit errors that expose patients to…
Incompetent medical care can cause grave and lasting harm, and, unfortunately, it is not uncommon for victims of medical malpractice to succumb to the injuries caused by their healthcare providers. In such cases, their loved ones may be able to pursue claims against the parties responsible for their losses. Only…
People harmed by careless doctors and nurses will often seek damages via medical malpractice claims. In addition to claims against the provider that directly caused their losses, they may also be able to pursue claims, like negligent hiring and supervision, against the provider’s employer. In order to sustain such causes…
Expert testimony is a key component of medical malpractice cases and is often needed to demonstrate negligence and causation. While experts must meet certain qualifications, they do not have to be specialists in the field about which they are testifying but can show their credentials via training and experience, as…
Heart conditions often cause critical health issues that require surgery. It is not uncommon for patients to develop complications following such procedures, and therefore, it is crucial that they are thoroughly and regularly assessed during their recovery period. If they are not and subsequently encounter significant difficulties, their provider may…