Most treatment options are helpful but present risks of adverse side effects. To ensure that a patient is making an intelligent decision regarding whether to proceed with surgery, then a doctor must advise the patient of the hazards of the procedure and treatment alternatives. As such, doctors that operate on…
In many instances, when a patient suffers complications following a surgery it is because the surgery was improperly performed. In such cases, the surgeon could be held liable for medical malpractice. If a person who develops an issue after a procedure wishes to pursue claims against the doctor that performed…
If a doctor incorrectly performs professional duties and a person suffers harm as a result, the doctor may be held liable for medical malpractice. A person must establish numerous elements to successfully recover under a medical malpractice claim, including the existence of a patient-doctor relationship, as liability will not be…
New York has many municipally owned and operated hospitals and medical facilities. While such facilities are not immune to medical malpractice claims, they are subject to different rules. In a recent New York opinion, a court explained the requirements for pursuing medical malpractice claims against a municipality in a case…
In many medical malpractice cases in New York, the defendant will move to dismiss the plaintiff’s claim via summary judgment by arguing that no factual disputes remain and that upon review of the evidence, it is clear that the defendant did not harm the plaintiff. Usually, the primary basis for…
In medical malpractice lawsuits filed in New York, both plaintiffs and defendants must submit expert reports in support of their respective positions. Generally, the success of either party is determined by the strength of its expert report. Numerous factors are weighed in determining whether an expert report is sound and…
If a patient suffers harm at the hands of a doctor, people often assume that the doctor committed malpractice. While in many instances the assumption is accurate, doctors can also hurt people through ordinary carelessness, and in such cases, a medical malpractice claim would not be appropriate. The difference between…
Neurological disorders can cause grave harm, and in many instances, that harm is markedly increased if a patient is not properly diagnosed in a prompt manner. Therefore, if a doctor fails to take the measures necessary to accurately determine a plaintiff’s diagnosis, it may provide grounds for a medical malpractice…
The COVID-19 pandemic has drastically altered many aspects of people’s lives, including how medical malpractice lawsuits are litigated. Thus, since the Spring of 2020, courts have grappled with the issue of how to protect the rights of parties involved in cases involving medical negligence claims while remaining within the confines…
Tragically, many people suffer devastating complications following routine surgical procedures. In some instances, the complications are the result of medical malpractice and could have been avoided by the exercise of due care, but in others, they are merely unfortunate and unexpected side effects. Recently, a New York court discussed the…