In New York, the party that files a lawsuit generally has the right to select the forum. The privilege is not boundless, though, and if the court determines that venue is improper, it can transfer a case to another court. Recently, a New York court issued a ruling in a…
Whether a New York medical malpractice matter resolves in favor of the plaintiff or defendant generally depends on which party offers a more compelling expert report. As such, the failure to hire a competent expert that can provide a persuasive opinion is often fatal to a plaintiff’s case, as illustrated…
In the context of medical care, a treatment that is intended to help a patient will sometimes cause them harm instead. In such instances, the patient may be able to seek compensation through medical malpractice claims against the provider responsible for their injuries. Merely demonstrating that they sustained damages is…
Under New York law, there are strict deadlines that people who wish to pursue medical malpractice claims must abide by, and the failure to file necessary documents or pleadings within the specified time frame can be fatal to a plaintiff’s claim. For example, if a plaintiff wants to pursue medical…
In New York, the courts will decide many medical malpractice cases prior to trial. The New York courts have clearly defined what each party must prove in order to garner a ruling in their favor as a matter of law, and if a court finds that one party has met…
During a medical malpractice trial, the parties will typically present all of the evidence in their favor and ask the jury to make decisions regarding issues like liability and damages. Juries do not always come to conclusions plaintiffs want them to, however, and plaintiffs that receive unfavorable verdicts may ask…
A plaintiff’s burden of proof in New York medical malpractice cases is clearly established. Specifically, in order to impose liability on a health care provider, a plaintiff must prove that the defendant provider departed from the appropriate standard of care and the divergence proximately caused the plaintiff to suffer harm.…
Generally, people harmed by negligent medical care in New York can pursue medical malpractice claims against the individuals that caused their injuries. There are some exceptions, though, that essentially bar the imposition of personal liability against certain parties. For example, New York law prohibits parties from seeking to recover damages…
Health care practitioners accused of medical malpractice will often seek dismissal of the claims against them though a motion for summary judgment. In most cases, the courts will only grant a motion for summary judgment if the defendant submits an expert report sufficient to meet their burden of proof. As…
Under New York law, medical malpractice claims are comprised of two elements. In other words, a plaintiff in a medical malpractice lawsuit must not only show that the defendant departed from the customary practice of medicine but also that the departure caused the plaintiff to suffer harm. If the plaintiff…