We trust medical professionals to provide competent care, but the unfortunate reality is that mistakes do happen. Spinal cord injuries due to medical malpractice can have devastating consequences for a patient’s life. If you or someone close to you has suffered a spinal cord injury due to a medical professional’s…
Medical malpractice claims require testimony from expert witnesses in order to articulate the relevant standard of care for the medical professional who allegedly committed the negligent act. Not all expert testimony is admissible in New York medical malpractice cases. In fact, the United States Supreme Court articulated several factors that…
When it comes to surgery, timing can be everything. If the body reacts in unexpected ways to a surgical procedure, the physician performing the operation needs to react quickly in order to prevent long-term injuries or even death. It’s unfortunate, but instances of New York surgical malpractice are not uncommon.…
Mandatory arbitration provisions in contracts are becoming increasingly common. The United States Supreme Court has viewed them favorably. Most notably, the landmark decision AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act of 1925 preempts other laws that restrict companies from requiring customers to rely on mandatory arbitration. Medical practices…
Medical malpractice cases rely heavily on expert medical opinions because negligence is established by the breach of a physician’s standard of medical care. Not all expert testimony is admissible at trial, however. Each jurisdiction maintains rules of evidence to guide which sort of expert testimony is admissible. For example, NY…
Medical malpractice claims generally require the testimony of an expert witness in order to determine negligence and causation. The testifying expert is crucially important to the presentation of a case, in addition to having the requisite medical credentials and experience to opine on the evidence reviewed. A recent appeals court…
Defendants who lose medical malpractice cases at trial may have grounds to appeal the jury’s decision. Although the level of an appeals court’s discretion varies, the standard of review often requires a certain level of deference to the jury’s decision, and as a result, studies show that more cases are…
A recent court decision highlights the careful distinctions courts make in interpreting the New York medical malpractice statute of limitations. In Leace v. Kohlroser, the plaintiff was treated by a gastroenterologist for Crohn’s disease. She underwent a capsule endoscopy under his care, and he advised her to swallow a capsule…
Pathology malpractice occurs when a physician fails to correctly assess a patient’s tissue or fluid sample. The result can delay a diagnosis or lead to the mistreatment of a patient’s medical condition. Often, the determination of whether the pathologist acted negligently turns on very technical details, which is why New…
Invasive surgical procedures necessarily carry with them risks, including a possibility of permanent injury. Although doctors are required to disclose the risks associated with a procedure under the doctrine of informed consent, New York medical malpractice law holds doctors to a certain standard of care when performing surgeries. Whether this…