Malpractice suits in the Empire State can take numerous shapes. Lawsuits can be filed against any healthcare provider, including dentists and dental hygienists. First responders including EMTs, paramedics, and ambulance drivers seldom face claims of medical negligence, but they do occur. Paramedics and emergency medical technicians (EMTs) were likely the…
Colon cancer is a type of cancer that affects the large intestine (colon), which is located at the bottom of the digestive system. Rectal cancer is cancer of the colon’s last six inches. They are referred to collectively as colorectal cancers. Nearly 150,000 men and women are diagnosed with colorectal…
Losing weight is hard. Many people yo-yo diet for decades, ending up heavier than when they began. Many people suffering from obesity have turned to bariatric surgery to lose weight, including procedures such as gastric bypass, gastric sleeve, and lap band surgeries. These bariatric procedures have many risks involved and…
Bacterial meningitis is a rare but potentially fatal disease. Several types of bacteria can cause an upper respiratory tract infection and then travel through the bloodstream to the brain. The disease can also occur when certain bacteria invade the meninges directly. Bacterial meningitis can cause stroke, hearing loss, and permanent…
The majority of patients trust their doctors to correctly diagnose their medical conditions and provide adequate treatment. Unfortunately, in some cases, medical professionals fail to properly diagnose a medical condition. One medical condition that is often misdiagnosed is deep vein thrombosis (DVT). Deep vein thrombosis (DVT) is a condition that…
Medical malpractice cases are typically a battle between the party’s experts. As such, if the court prohibits a plaintiff’s expert from testifying, it can greatly impair their ability to establish liability. In some instances, though, a plaintiff may be able to successfully argue that their expert was improperly precluded from…
It is not uncommon for more than one doctor to perform surgery on a patient. If the patient subsequently suffers harm due to mistakes made during the procedure, the surgeon in charge of the patient’s care may be deemed liable for medical malpractice, even if other doctors participated in the…
Medical malpractice claims are complex, and in most instances, it is prudent for victims of medical negligence that wish to pursue claims against their healthcare providers to seek the assistance of an attorney. It is not necessary for a plaintiff in a medical malpractice case to be represented by counsel,…
Pursuant to New York law, parties pursuing wrongful death claims against negligent healthcare providers must comply with the applicable statute of limitations. Generally, the courts will dismiss claims filed outside of the statutory period. There are exceptions, though, that allow for the tolling of the statute of limitations, such as…
While it is prudent for people who want to pursue civil claims to seek the assistance of an attorney in most instances, medical malpractice cases are especially complex, and the decision to proceed pro se often negatively impacts a plaintiff’s rights. The ramifications of pursuing medical malpractice claims without an…