Typically, a plaintiff pursuing claims for medical malpractice will ask a jury to assess both liability and what damages should be awarded to the plaintiff. While determining what constitutes appropriate compensation for pain and suffering is within the purview of the jury, if a jury issues a damages award that…
It is not uncommon for a defendant in a medical malpractice case in New York to seek dismissal of the plaintiff’s case via a motion for summary judgment. When a plaintiff’s claims are dismissed by a court via summary judgment, the plaintiff may be able to appeal if the evidence…
Birth injury cases, like all other civil lawsuits, must be filed within the statute of limitations. Additionally, when the defendant is a public corporation, there are strict time constraints regarding when a claim must be filed and served in addition to the normal statute of limitations, and if the plaintiff…
In New York medical malpractice cases, the plaintiff bears the initial burden of proving that the defendant’s failure to act in a manner that complies with the applicable standard caused the plaintiff to suffer harm. If the plaintiff meets this burden, the burden then shifts to the defendant, who must…
Generally, parties in New York medical malpractice cases rely on juries to resolve issues of liability and damages. Juries do not always issue verdicts that comport with the evidence presented, however. Thus, if a jury’s verdict is against the weight of the evidence, the New York Civil Practice Laws and…
Often, the negligence of numerous medical providers will contribute to a person’s harm. Thus, it is not uncommon for a plaintiff in a medical malpractice case to assert claims against numerous defendants. In some instances, a plaintiff may be able to settle with one defendant while claims against other defendants…
In medical malpractice cases in the state of New York, the plaintiff will typically need to produce an expert report to demonstrate that the defendant violated the standard of care. While generally, the expert will be a person that practices in the same specialty as the defendant, a practitioner that…
In some instances in which a patient suffers from multiple symptoms that do not have a clear cause, a doctor will be unable to provide the patient with a prompt diagnosis. While some degree of delay in diagnosing a patient may be reasonable, a substantial delay without just cause may…
While it is generally imprudent to file a civil lawsuit without the assistance of an attorney, it can be an especially poor decision in a medical malpractice case, given the complexities of the issues and the strict requirements for proving a health care provider’s liability under New York law. The…
It is well established that a plaintiff that seeks to demonstrate medical malpractice must produce expert testimony that is sufficient to demonstrate that the defendant health care provider should be held liable for the plaintiff’s harm. Not all expert reports are sufficient, however, as an expert must not only be…