New York hospital malpractice cases require the review of voluminous medical records. Hospitals and health care providers are required to maintain these records, so a claim should simply be a matter of reviewing what’s disclosed or produced in the pre-trial discovery process. The facts surrounding a medical malpractice decision in…
Patients are required to put a tremendous amount of trust into their physicians, who perform highly specialized procedures with the potential for tremendous risk. Unless told otherwise, most patients probably assume their surgeon is giving them their undivided attention during an operation. As recent regulatory scrutiny shows, however, the practice…
Medical malpractice cases rely heavily on expert medical opinions because negligence is established by the breach of a physician’s standard of medical care. Not all expert testimony is admissible at trial, however. Each jurisdiction maintains rules of evidence to guide which sort of expert testimony is admissible. For example, NY…
Traumatic brain injuries are sometimes difficult to diagnose because the damage is not visible without scans or X-rays. Timing is a critical component in treating brain injuries. A failure to receive proper care can lead to permanent damage and disability. Sadly, the state inspector general found that the New York…
Medical malpractice claims generally require the testimony of an expert witness in order to determine negligence and causation. The testifying expert is crucially important to the presentation of a case, in addition to having the requisite medical credentials and experience to opine on the evidence reviewed. A recent appeals court…
Many couples deciding that they would like to start a family realize that they need medical professional help to do so. Fertility clinics have grown in number, leading to what some news outlets have called a “fertility boom.” One advantage of using a fertility clinic is that medical professionals can…
Defendants who lose medical malpractice cases at trial may have grounds to appeal the jury’s decision. Although the level of an appeals court’s discretion varies, the standard of review often requires a certain level of deference to the jury’s decision, and as a result, studies show that more cases are…
A recent court decision highlights the careful distinctions courts make in interpreting the New York medical malpractice statute of limitations. In Leace v. Kohlroser, the plaintiff was treated by a gastroenterologist for Crohn’s disease. She underwent a capsule endoscopy under his care, and he advised her to swallow a capsule…
A New York appeals court recently decided the case of a teenager who committed suicide on the night he was discharged from the emergency room. The court acknowledged the tragic circumstances of his death but ultimately affirmed the trial court’s decision for the defendants. This case shows the unique evidentiary…
New York law imposes extensive regulatory requirements on medical professionals to help ensure that patients are receiving high-quality care. These safeguards are not always effective to prevent New York medical malpractice, and recent news reports show that doctors are performing unlicensed buttock-enhancement surgery. The silicone injection products are not FDA-approved,…