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…
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…
In New York, it is not uncommon for a person to receive medical care in a facility owned by a municipality. Doctors that work for municipalities, like other physicians, can make harmful mistakes, and while parties can seek compensation from municipalities via medical malpractice suits, they must comply with certain…
In New York, medical malpractice cases differ from other civil claims in multiple ways. For example, there are numerous additional pleading and evidentiary requirements imposed on plaintiffs that they must meet in order to pursue damages. If plaintiffs fail to abide by the statutory obligations, it may adversely affect their…
In New York, whether a medical malpractice case is successful typically hinges on whether the judge or jury finds either party’s expert reports to be adequate or compelling. As such, both plaintiffs and defendants will often argue the opposing party’s expert reports are deficient, or that their expert lacks the…
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…
Back conditions are complicated, and doctors require extensive training and experience before they can properly manage them. If a doctor fails to address symptoms that indicate potentially critical back issues, it can result in significant damages, including paralysis. Even if it seems clear that a patient’s losses are caused by…
Medical malpractice cases often settle or are dismissed prior to reaching the trial stage. If they are not, though, a jury will be tasked with determining issues such as the defendant’s liability and the plaintiff’s damages. Juries are expected to issue verdicts that align with the evidence presented by the…
The birth of a child is a joyous event, but sometimes it can be marred by injuries that arise due to medical negligence. While parties can seek compensation for harm suffered during birth, they must abide by any applicable procedural rules, and if they do not, they may waive the…