Expert testimony is a key component of medical malpractice cases and is often needed to demonstrate negligence and causation. While experts must meet certain qualifications, they do not have to be specialists in the field about which they are testifying but can show their credentials via training and experience, as…
Heart conditions often cause critical health issues that require surgery. It is not uncommon for patients to develop complications following such procedures, and therefore, it is crucial that they are thoroughly and regularly assessed during their recovery period. If they are not and subsequently encounter significant difficulties, their provider may…
Discovery is a key component of demonstrating fault and damages in medical malpractice cases. Additionally, defendants rely on discovery to help them mount defenses to the claims against them. As such, the courts do not look kindly on a party’s refusal to comply with discovery requests and may, in fact,…
It is not uncommon for people who receive incompetent medical care to suffer complications that negatively impact their health, mental and emotional well-being, and financial security. Fortunately, the law affords victims of medical negligence the right to pursue claims against the healthcare providers responsible for their harm. Any action they…
While it is not uncommon for people in nursing home facilities to suffer harm due to incompetent medical care, it is rare for the parties responsible for causing such injuries to admit fault. As such, a plaintiff pursuing medical malpractice claims against such entities will typically need to retain an…
People who suffer losses following incompetent medical care will often seek damages from their healthcare providers. In order to recover compensation, though, they must establish proximate cause, which means that they must connect the inadequate care in question to their ultimate harm. In a recent new York medical malpractice opinion,…
Surgical procedures can offer relief for many chronic and acute conditions. If a doctor does not exercise due care when performing a surgery, though, they may inadvertently cause a patient harm, and may be liable for medical malpractice. In some cases, the hospital or healthcare system that employs the doctor…
Medical malpractice cases typically involve disputes over whether a healthcare provider caused their patients harm. In most cases, both parties will provide expert reports in support of their positions. If a court finds that both parties’ experts offered sound opinions based on facts of record, it is unlikely that the…
People pursuing medical malpractice claims in New York will typically wish to have their case tried before a jury. While the expectation is that jurors will issue a fair verdict based on the evidence, that is not always the case. Parties can appeal jury verdicts, but they can be difficult…
People hospitalized with significant health concerns will often be discharged to skilled nursing facilities to recuperate until they are well enough to return home. Sadly, rather than getting well, some people suffer critical harm. Such injuries do not always mean that they are the victims of medical malpractice, though, as…