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…
Medical malpractice cases in New York, like all other New York cases, must be filed within the timeframe proscribed by the statute of limitations, otherwise, the plaintiff may lose the right to recover compensation. While medical malpractice claims must be commenced within two and a half years from the date…
Generally, in a medical malpractice case in New York, it is the plaintiff’s duty to move the case forward. Thus, if the plaintiff fails to pursue his or her claims against the defendant, it may result in a dismissal. Recently, a New York court discussed when the dismissal of a…
While delays may greatly impair a patient’s health, they may also impair the patient’s right to pursue damages for negligent treatment. For example, a patient harmed by a doctor’s delay in prescribing diagnostic testing may lead to a delayed diagnosis, which can cause irreparable harm to the patient’s health. Similarly,…
In some instances, the negligence of a medical professional is so egregious that it is clear it constitutes medical malpractice. In such cases, while it may not be disputed that the standard of care was breached, there may be disagreement as to which party was liable for the breach, and…
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…