Expert testimony is a key component of any medical malpractice case. Specifically, both plaintiffs and defendants must produce an affidavit from a medical expert that supports their claims or defenses relying on evidence produced from the record. While the expert does not have to practice in the same specialty as…
It is not uncommon for a facility that treats patients with substance abuse issues to employ doctors that generally oversee patient care. In many instances, such physicians have little if any contact with the patients. Diminished patient contact does not excuse them from the obligation to provide competent care, though,…
Many people have advanced directives that indicate that they do not want to receive life-sustaining treatment in the event they contract a terminal illness or suffer an acute medical event. Thus, if a doctor in a hospital prolongs the life of a person with a living will, it may go…
Surgeons often perform multiple procedures per week, and in many instances, they cannot recall specific surgeries or what techniques or methods they employed during them. Thus, if a patient suffers harm during surgery, the doctor may not have independent knowledge of his or her conduct during the surgery, as required…
While many people know that criminal defendants are afforded numerous rights under the law, they may not be aware that civil litigants have rights as well. For example, people are not precluded from pursuing medical malpractice claims simply because they cannot afford to hire an attorney or pay filing fees.…
In New York, medical malpractice cases are often a battle of the experts. In other words, whether a plaintiff’s claims are ultimately successful or dismissed depends on the strength of the expert affirmations of both the plaintiff and the defendant. An expert report must not only be compelling, however, but…
In medical malpractice cases, even if plaintiffs believe they were harmed by negligent medical care, they need evidence to support their claims. In many instances, the evidence sought is testimony from the parties that cared for or observed the care of the plaintiff. Thus, if a person with information regarding…
While delays may greatly impair a patient’s health, they may also impair the patient’s right to pursue damages for negligent treatment. For example, a patient harmed by a doctor’s delay in prescribing diagnostic testing may lead to a delayed diagnosis, which can cause irreparable harm to the patient’s health. Similarly,…
It is well established that a plaintiff that seeks to demonstrate medical malpractice must produce expert testimony that is sufficient to demonstrate that the defendant health care provider should be held liable for the plaintiff’s harm. Not all expert reports are sufficient, however, as an expert must not only be…
Plaintiffs in medical malpractice cases, like plaintiffs in other civil lawsuits, are subject to statutes of limitations they must abide by in order to retain the right to pursue damages. As such, if a plaintiff does not file a medical malpractice lawsuit in a timely manner, his or her claim…