Families place deep trust in nursing homes to care for their loved ones safely and compassionately. When facilities allegedly fail to meet professional standards, the consequences can be devastating. Unfortunately, procedural deadlines and statutory immunity laws can bar claims, even when serious allegations of neglect are raised, as demonstrated in…
When pursuing a medical malpractice claim, a plaintiff must not only establish that negligence occurred but also ensure that all responsible parties are named in the lawsuit in a timely manner. However, when procedural missteps or confusion about proper parties arise, courts may apply the “relation-back” doctrine to prevent unjust…
Patients trust their doctors to recognize the red flags hidden in lab results and to act quickly when those results suggest something serious. When physicians overlook or fail to communicate critical findings, patients can lose valuable time in fighting diseases like cancer. In such instances, the injured party will often…
When families turn to doctors for surgery, they trust that medical decisions will be carefully weighed against the risks involved. If tragedy follows, they often seek answers in the courtroom. In malpractice litigation, however, it is not enough to suspect negligence; plaintiffs must prove it with qualified expert testimony that…
The COVID-19 pandemic reshaped nearly every aspect of daily life, including how patients accessed medical care and how providers delivered it. Courts are still grappling with the legal consequences of those extraordinary circumstances. A recent New York decision highlights how temporary immunity laws enacted during the public health crisis continue…
When people seek care in a hospital setting, they expect to receive careful monitoring and timely treatment. Unfortunately, the care offered often falls below what is considered acceptable, and people suffer from serious complications that sometimes occur not because of illness alone but because medical providers fail to act when…
Medical malpractice litigation is often a marathon rather than a sprint, but even lengthy proceedings must adhere to procedural timelines. A recent decision from a New York court demonstrates the importance of prosecuting a case diligently and in accordance with court-imposed deadlines. In this medical malpractice action, the plaintiff failed…
When people are incarcerated, they do not forfeit their right to adequate medical treatment. Sadly, though, it is not uncommon for delays or failures in prison health care to cause devastating, permanent harm. A recent ruling from a New York court highlights the legal threshold for pursuing medical claims in…
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…