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Articles Posted in Medical Malpractice

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Bacterial Meningitis – The Dangers of Misdiagnosis

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…

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Failing to Diagnose Deep Vein Thrombosis (DVT) May Give Rise to a Malpractice Claim

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…

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New York Court Discusses Grounds for Precluding Expert Testimony in Medical Malpractice Cases

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…

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New York Court Examines Issues of Fact in Medical Malpractice Cases

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…

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New York Court Discusses Authority to Preside Over Medical Malpractice Claims

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,…

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Court Examines the Relation Back Doctrine in New York Medical Malpractice Cases

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…

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New York Court Declines to Exercise Federal Jurisdiction Over Medical Malpractice Claims

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…

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New York Court Discusses the Statute of Limitations in Claims Against Medical Providers

New York law sets forth statutes of limitations for pursuing civil claims. While medical malpractice claims fall under the umbrella of civil claims, they have a shorter statute of limitations. Thus, which limitation applies depends on whether the person that allegedly caused the plaintiff harm committed ordinary negligence or negligence…

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Court Explains Evidence Needed to Establish Negligence in a New York Medical Malpractice Case

It is not uncommon for surgical procedures to be less successful than anticipated. While in some instances, such results are unavoidable, in others, they are the result of negligence. As such, a party that suffers injuries following a procedure typically must produce expert testimony to show that their harm was…

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New York Court Discusses Establishing Liability in a Medical Malpractice Case

In the majority of medical malpractice cases, the plaintiff must offer evidence in the form of an expert opinion to show that the defendant caused their harm. There are some exceptions, though, like when the doctrine of res ipsa loquitor applies. If a plaintiff fails to assert this argument, however,…

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