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…
Many people who serve in the military obtain medical treatment through governmental health systems. Doctors employed by the government are required to comply with the same standard of care imposed on other physicians, and if they do not, they can be held accountable for any harm they cause. A plaintiff…
Medical malpractice cases filed in federal court are often subject to levels of review not present at the state level. For example, if a party files a motion to dismiss or for summary judgment, the motion may be referred to a magistrate judge, who will make a recommendation to the…
In New York, the terms medical malpractice and medical negligence are often used interchangeably. While they have similar meanings, there are differences between the two, and they impose distinctive burdens of proof on plaintiffs asserting them as causes of action. The was demonstrated in a recent opinion issued by a…
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…
In medical malpractice cases, the task of evaluating a plaintiff’s damages is usually assigned to the jury. While assessing the cost of past and future medical care is a relatively straightforward task, determining the value of the suffering and pain endured by the plaintiff is not a clear-cut process. As…
In many instances, parties that suffer harm due to medical negligence will sustain other damages as well, such as losses caused by violations of their civil rights. Thus, they will often choose to pursue claims for damages in federal court. While federal courts can exercise supplemental jurisdiction over state law…