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…
People who visit hospitals are often suffering from acute issues. Like all other physicians, doctors providing emergency treatment must abide by the applicable standard of care, and if they fail to do so, it can lead to grave harm. Many doctors will attempt to have medical malpractice claims asserted against…
Typically, the treatments offered for chronic back pain carry some degree of risk. While the benefits of such care often exceed the potential side effects, a patient must be adequately advised of the complications that may arise following a treatment in order to make a fully educated decision. If a…
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…