In many medical malpractice cases in New York, the defendant will file a motion asking the court to dismiss the plaintiff’s claims prior to trial. If the defendant produces an expert report that adequately demonstrates that it should not be deemed liable, the motion will be granted unless the plaintiff…
In New York, medical malpractice cases are often a battle of the experts. In other words, whether a plaintiff’s claims are ultimately successful or dismissed depends on the strength of the expert affirmations of both the plaintiff and the defendant. An expert report must not only be compelling, however, but…
Typically, a plaintiff in a medical malpractice action will allege that the defendant acted in a careless manner, and therefore that the plaintiff’s harm was a consequence of the defendant’s negligence. In some instances, though, inappropriate medical care will result in other claims, such as intentional battery. It is important…
In New York, the plaintiff generally determines where to file a medical malpractice lawsuit, within certain parameters. Once a medical malpractice lawsuit is filed, any depositions in the case will usually be conducted in the same county where the case was instituted. A defendant can object to the location of…
Typically, in a medical malpractice case, the injured party will rely on medical records and testimony to establish that the defendant’s behavior led to the patient’s harm. In some instances, however, in a case where there is a lack of concrete evidence, a defendant may try to avoid liability by…
While most people choose to hire a competent attorney to represent them in medical malpractice cases, some decide to represent themselves to avoid the cost of attorneys’ fees. Medical malpractice cases are usually intricate, though, and handling them typically requires extensive knowledge and skill. As such, plaintiffs that represent themselves…
In many instances in which a person dies due to a devastating medical issue, the person’s loved ones will pursue medical malpractice claims. Simply because a person dies due to the sudden progression of an illness does not necessarily mean that malpractice has occurred, however, and even in cases involving…
In most medical malpractice cases, the primary focus is on whether the defendant health care provider breached the standard of care and thereby caused the plaintiff harm. In some instances, though, a defendant seeking to refute liability will argue that an intervening cause, such as the plaintiff’s own negligence, was…
Medical malpractice cases are unusual in that a plaintiff will often have to rely on medical records obtained from the defendant to demonstrate the defendant’s liability. Thus, if a defendant loses or destroys a plaintiff’s treatment records prior to producing them, it can impair the plaintiff’s ability to prove the…
In New York, a plaintiff who wishes to seek damages in a civil lawsuit may file claims in either state or federal court. Generally, a plaintiff will rely on the advice of an attorney in determining where a case should be filed and what facts and claims should be alleged…