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…
A patient harmed by incompetent medical care may be able to pursue claims against the provider that caused his or her injuries, regardless of whether the context in which the plaintiff received treatment. For example, if a person who is incarcerated receives incompetent care, he or she can seek damages…
A variety of health care providers’ actions or failure to act may give rise to a claim for medical malpractice. For example, not only may improperly rendered care form the basis for a medical malpractice lawsuit, but the failure to obtain a patient’s informed consent prior to performing a procedure…
If a person harmed by medical malpractice in New York wishes to seek compensation via a medical malpractice lawsuit, it is important that the person understands how other unrelated cases may impact his or her malpractice case. For example, if a medical malpractice plaintiff files for bankruptcy during the pendency…
Self-proclaimed med-spas that offer both medical and cosmetic procedures are increasingly prevalent throughout New York. Med-spas blur the lines between healthcare and aesthetics, and in many cases, it is not clear whether harm caused by negligent care at a med-spa sounds in medical malpractice or ordinary negligence. This was demonstrated…
The COVID-19 pandemic has changed every aspect of life in New York for the foreseeable future and has caused an unprecedented strain on hospitals and healthcare providers. In response to the pandemic, the governor issued several executive orders placing restrictions on activities in an effort to slow the spread of…
In many instances in which a patient suffers harm due to incompetent medical care, more than one care provider will contribute to the patient’s harm. Thus, in many medical malpractice cases, a patient may need to obtain information from a provider not only regarding the care provided by the provider…