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…
Generally, in medical malpractice cases in the state of New York, the plaintiff will file a complaint and a bill of particulars setting forth the alleged wrongdoings of the defendant, and then the parties will engage in discovery. In many instances, after discovery is closed, the defendant will ask the…
Even if patients suffer devastating losses as a result of incompetent medical care, they may be denied the recovery of compensation if they do not abide by their duties under the law. For example, if a patient suffers harm in a facility that is considered a State actor, the patient…
While it is uncommon, men can be diagnosed with breast cancer. Regardless of whether a person diagnosed with breast cancer is male or female, it is a serious disease that requires aggressive treatment. As such, it is critical to obtain an accurate diagnosis as promptly as possible. Thus, a doctor…
In medical malpractice cases, even if plaintiffs believe they were harmed by negligent medical care, they need evidence to support their claims. In many instances, the evidence sought is testimony from the parties that cared for or observed the care of the plaintiff. Thus, if a person with information regarding…
In New York, there are many acts and omissions that may constitute grounds for a medical malpractice claim. For example, if a doctor neglects to adequately inform a patient regarding the risks and potential consequences of a procedure, he or she may be liable for failing to obtain the patient’s…
It is the well-established law in New York that a plaintiff that wishes to recover damages through a medical malpractice case against a defendant must do more than merely allege that the defendant caused the plaintiff’s harm. Rather, in all cases except those involving blatant negligence, the plaintiff must produce…