In a high percentage of New York medical malpractice cases, the defendants file motions for summary judgment, asking the courts to find in their favor as a matter of law. Summary judgment is not appropriate in every case, though. Instead, it is limited to those matters in which no material…
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…
In medical malpractice cases, the parties typically rely on the judge to rule in accordance with the law. Unfortunately, judges do not always interpret facts or the law properly and may issue orders that are clearly erroneous. Fortunately, there is an appeals process parties can employ if they feel a…
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…
A missed diagnosis can cause irreparable damages, and in many instances, the harm suffered is fatal. Simply because a patient dies after being improperly diagnosed does not automatically mean their family can recover compensation, however. Rather, the survivors must prove the doctor in question committed medical malpractice, and if they…
Many people suffering from acute or chronic issues receive medical treatment from a provider working for a hospital or health care facility. As such, if they subsequently suffer harm due to incompetent care, they may not only be able to pursue medical malpractice claims against the doctor but also against…
Incompetent medical treatment can cause significant injuries, and many people harmed by incompetent medical care can recover compensation. While typically, the damages awarded in medical malpractice cases aims to compensate the injured party for the non-economic and economic losses suffered due to negligent healthcare, in some instances, a judge or…