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…
There are several elements to a successful medical malpractice claim. In other words, a plaintiff must not only prove the defendant acted negligently, and in doing so, harmed the plaintiff but must also comply with the procedural rules for pursuing damages. All too often, however, the plaintiff’s claims are dismissed…
The job of a lawyer in a medical malpractice case is to argue that the evidence presented demonstrates liability or exonerates a defendant. Although counsel is granted broad leeway in how they describe the testimony offered at trial, they cannot couch evidence or otherwise make statements that are prejudicial to…
Surgeons often perform multiple procedures per week, and in many instances, they cannot recall specific surgeries or what techniques or methods they employed during them. Thus, if a patient suffers harm during surgery, the doctor may not have independent knowledge of his or her conduct during the surgery, as required…
While many people know that criminal defendants are afforded numerous rights under the law, they may not be aware that civil litigants have rights as well. For example, people are not precluded from pursuing medical malpractice claims simply because they cannot afford to hire an attorney or pay filing fees.…