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…
In New York, people harmed by medical malpractice have the right to seek compensation from the providers that caused their harm. They must abide by any applicable laws regarding notice and timeliness, though, otherwise they may waive the right to recover damages. For example, if the defendant is a municipal…
Medical malpractice cases are typically complex and require the retention of multiple experts, extensive discovery, analysis of complicated issues, and understanding of statutes and procedural rules. As such, while some people may be tempted to pursue such claims without the assistance of an attorney, it is generally ill-advised, as they…
Older people are especially vulnerable to the injuries that arise out of incompetent medical care, and in many instances, the harm they sustain is insurmountable, and they ultimately succumb to their illnesses. In such instances, the deceased person’s family members often can seek compensation from the negligent care providers via…
Many people have advanced directives that indicate that they do not want to receive life-sustaining treatment in the event they contract a terminal illness or suffer an acute medical event. Thus, if a doctor in a hospital prolongs the life of a person with a living will, it may go…