It is not uncommon for people seeking damages for medical malpractice to assert other claims in the same case. If such claims arise out of alleged violations of federal law, they may file their lawsuit in federal court. Federal courts have limited jurisdiction, but they can preside over medical malpractice…
While people harmed by inadequate medical care have the right to pursue claims against their providers, the right is not boundless. Instead, they must file a medical malpractice lawsuit within the time proscribed by law; if they file a claim outside of the statute of limitations, it will likely be…
Many doctors and medical facilities ask patients to sign consent forms prior to rendering treatment. Such forms usually grant permission to perform certain services and cover the risks associated with such care. In some instances, though, they may contain other provisions, such as a waiver of certain rights with regard…
For many medical issues, a prompt diagnosis is essential to a good outcome. As such, a patient that suffers harm due to a delayed diagnosis may be able to recover damages in a medical malpractice lawsuit. Merely demonstrating that a diagnosis was delayed is not sufficient to establish liability, though,…
The COVID-19 pandemic impacted most facets of modern life, including healthcare providers’ liability for medical malpractice. For example, laws were enacted shortly after the pandemic began to protect healthcare providers from liability with regard to certain behaviors related to the diagnosis and treatment of COVID-19. Such laws do not entirely…
Generally, the average judge or juror lacks medical training or an understanding of what constitutes appropriate practices and procedures in the context of medical care. As such, in the majority of medical malpractice cases, the plaintiff must produce evidence in the form of an expert opinion to support their claims.…
The majority of expectant mothers in New York choose to deliver their babies in a hospital setting. Thus, if they suffer harm due to an error that occurs during or after their delivery, they may be able to pursue medical malpractice claims against those responsible for their harm. In many…
People harmed by incompetent medical care will often seek damages in a civil lawsuit. In most cases, their claims will sound in medical malpractice. In rare instances, though, people injured by careless physicians may be able to establish that their constitutional rights were violated. If you were hurt by a…
It is well established under New York law that a doctor must obtain a patient’s informed consent prior to performing a procedure. If they fail to do so and a patient subsequently suffers harm, they may be liable for medical malpractice. Recently, a New York court discussed what a plaintiff…
People who present to emergency departments are often suffering from critical issues that need to be addressed promptly. In some instances, a delay in treatment can drastically affect a person’s outcome and may give rise to medical malpractice claims. This was demonstrated recently in a New York opinion in which…