It is not uncommon for a defendant in a medical malpractice case to ask the court to dismiss the plaintiff’s claims in their entirety. While the courts should only grant such a request if it is clear that there is no factual dispute as to whether the defendant violated the…
Most treatments carry some degree of risk, and doctors will typically advise patients of the benefits and detriments of a chosen course of care prior to administering it. The dangers associated with treatment can be exacerbated by medical mistakes as well, and seemingly harmless procedures can result in fatal injuries.…
Many hospitals and health care facilities throughout New York are public corporations. While such entities may be liable for medical malpractice, parties pursuing claims against them have to comply with certain pleading requirements, like providing a notice of a claim within a certain time frame. Generally, such notices must set…
Accidents that occur in the context of medical care may give rise to negligence claims. In many instances, though, such incidents arise out of a medical professional’s failure to comply with the standard of care, and therefore, any claims seeking damages for harm suffered in such incidents sound in medical…
Medical malpractice cases are complex, and even if either party believes their evidence is compelling, there is always a risk the jury could rule against them at trial. As such, parties often try to resolve medical malpractice cases via summary judgment prior to proceeding to trial. As discussed in a…
While many psychiatric illnesses do not cause physical symptoms, they can nonetheless result in significant injuries if they are not properly treated. For example, if a doctor fails to observe a patient is harboring suicidal thoughts, it can have devastating consequences. Merely, because a patient who treated with a psychiatrist…
It is well-established that people harmed by medical malpractice have the right to seek compensation from the parties responsible for their injuries. While it is not required for a plaintiff in a medical malpractice case to be represented by an attorney, it is prudent, as most people outside of the…
Typically, medical malpractice cases arising out of incompetent medical care rendered in New York are filed in state court. Plaintiffs are not precluded from pursuing claims in federal court, but if they do so they must establish that jurisdiction is proper; otherwise, their claims may be dismissed. Recently, a New…
Generally, plaintiffs in medical malpractice cases allege that the defendant doctors failed to provide them with proper care, thereby causing their harm. In some instances, though, the plaintiff will not allege the defendant negligently caused the plaintiff to suffer physical injuries but will instead seek to hold the defendant accountable…
In most medical malpractice cases, both parties will retain medical experts to testify on issues like the applicable standard of care and causation. While experts typically practice in the same field as the parties named as defendants, they do not have to work in the same specialty to be qualified…