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…
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…