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…
In most medical malpractice cases, both parties will retain medical experts to testify on issues like the applicable standard of care and causation. While experts typically practice in the same field as the parties named as defendants, they do not have to work in the same specialty to be qualified…
Motions for summary judgment are common in medical malpractice cases, as parties often believe the evidence in their favor is sufficient to obtain a ruling prior to trial. When one party files a motion for summary judgment, the other must demonstrate that, contrary to the moving party’s assertions, factual disputes…
When people suffer harm due to incompetent care provided by a doctor in a hospital, they are often able to pursue medical malpractice claims against the doctor. Many plaintiffs will attempt to seek damages from the hospitals as well, but liability will only be imposed in certain circumstances. In a…
In New York, people harmed by medical malpractice have the right to seek compensation from the providers that caused their harm. They must abide by any applicable laws regarding notice and timeliness, though, otherwise they may waive the right to recover damages. For example, if the defendant is a municipal…