Older people are especially vulnerable to the injuries that arise out of incompetent medical care, and in many instances, the harm they sustain is insurmountable, and they ultimately succumb to their illnesses. In such instances, the deceased person’s family members often can seek compensation from the negligent care providers via…
Plaintiffs are afforded many rights in medical malpractice claims, including to a large degree the ability to choose where the matter is filed. The right is not absolute, however, and defendants may seek a change of venue if they feel another location is appropriate or can remove cases to federal…
In medical malpractice cases in New York, plaintiffs are required to set forth bills of particulars, which essentially explain the plaintiff’s injuries and damages in detail. It is critical that a plaintiff file a bill of particulars that is detailed and comprehensive, as there are strict rules regarding what information…
In many medical malpractice cases that arise out of negligent care received in a hospital, the plaintiff will not only assert claims against the doctor who provided the treatment in question but will also seek damages from the hospital. Whether a hospital will be found vicariously liable for the acts…
People that pursue medical malpractice claims often are required to produce their medical records, including mental health records, throughout the course of litigation. Such records often contain sensitive information, however, and some plaintiffs may be reluctant to provide them to the defendant without just cause. In a recent cardiology malpractice…
In many medical malpractice cases, there are multiple parties named as defendants. Defendants typically have varying degrees of liability, and it is not uncommon for one defendant to agree to settle, and for the plaintiff to draft a release dismissing the claims against that defendant. A release as to one…
Generally, before a surgical procedure, a physician will explain the risks, benefits, and potential side effects to the patient before obtaining his or her consent to proceed. If a doctor neglects to, though, and the patient subsequently suffers harm, there may be grounds to pursue a claim for lack of…
Patients who suffer injuries due to incompetent medical care may be able to recover damages from the physicians that caused their harm. Additionally, if the losses occur in a hospital setting, the parties responsible for hiring or supervising doctors may be deemed vicariously liable for their behavior. Typically, plaintiffs must…
Typically, in medical malpractice lawsuits in New York, the parties will engage in discovery, after which the defendant will move to have the plaintiff’s claims dismissed via summary judgment on the grounds that the plaintiff has not produced sufficient evidence to demonstrate that the defendant should be held liable. If…
People harmed by medical malpractice have the right to pursue damages, but they must do so within the applicable statute of limitations. Additionally, in certain circumstances, a plaintiff must comply with other statutory notice requirements, and the failure to do so may result in dismissal of the claims asserted. This…