When people suffer harm due to incompetent medical care, it is often the result of negligence. In some instances, the failings of more than one party contributed to the injured patients’ harm, and each negligent party may be deemed responsible. For example, a hospital may be liable for the carelessness…
Articles Posted in Medical Malpractice
Court Examines the Statute of Limitations in New York Medical Malpractice Cases
The law affords people harmed by the incompetence of their doctors the right to seek compensation in medical malpractice claims. Pursuant to New York law, though, they must do so within a certain time frame; otherwise, they will waive their right to recover damages. In a recent New York case,…
New York Court Discusses Medical Malpractice Cases with Disputed Facts
In medical malpractice cases, the parties will often disagree regarding the circumstances surrounding the plaintiff’s harm. Factual disputes typically must be resolved via trial. In other words, if a party asks the court to grant judgment in their favor as a matter of law based on a disputed fact, it…
New York Court Discusses Motions in Limine in Medical Malpractice Cases
Healthcare providers accused of committing malpractice are typically reluctant to admit liability. In medical malpractice cases in which it is clear that the plaintiff suffered harm due to inadequate medical care, the defendant may attempt to shift blame to a third party to avoid liability. Whether a defendant should be…
New York Ruling Shows the Impact of a Party’s Death in a Medical Malpractice Case
Under New York law, not only can a person harmed by an incompetent healthcare provider seek compensation in a medical malpractice lawsuit, but their spouse can pursue claims against the provider as well. If either party dies before the matter is resolved, however, the surviving party must move to substitute…
Failure to Diagnose Mononucleosis (Epstein-Barr Virus)
Mononucleosis (mono) is also known as the kissing disease and the Epstein-Barr virus. It is spread through saliva. You can get it from kissing, but you can also get it from sharing a glass or food utensils with someone who has it. Mononucleosis, on the other hand, is not as…
Boarding Patients in Emergency Room Hallways Can Increase the Risk of Medical Errors
Crowding in emergency departments (EDs) across the country and around the world has had an impact on care quality. There have been documented increases in patient mortality, medication errors, pain, length of hospital stay, and other negative effects. When an ED is overcrowded, all licensed beds may be occupied, and…
Corneal Transplant Malpractice
Every waking minute, we use our eyes. They make us aware of our surroundings and provide us with the information we require to remain safe. As a result, one of the most important things we value in our daily lives is our vision. We cannot fully connect to the world…
Antibiotic Resistance
Antibiotics are drugs that are used to kill or slow the growth of bacteria and certain fungi. Antibiotics are ineffective in treating viral infections. Antibiotic resistance is defined as a change in bacteria that allows them to grow in the presence of a drug that would normally slow or kill…
Heart Ablation Surgery
Ablation is a medical procedure in which doctors use radio-wave frequency to reduce or remove tissue. Although ablation is a common procedure used to treat a variety of medical problems, it is most commonly used to treat heart arrhythmia, which occurs when tissue within the heart is improperly built up,…