Most medical malpractice cases hinge on the persuasiveness of each party’s expert reports. Thus, if a plaintiff’s report is deemed insufficient or inadequate, or the plaintiff’s expert is deemed unqualified to offer an opinion on the salient issues, the plaintiff’s report may be precluded, which will generally result in a…
The crux of any New York medical malpractice is harm caused by the deviation from the standard of care. As such, regardless of the severity of injuries suffered by a plaintiff, if the plaintiff cannot establish that the injuries were caused by the defendant healthcare provider’s negligence, the plaintiff cannot…
Plaintiffs in medical malpractice cases, like plaintiffs in other civil lawsuits, are subject to statutes of limitations they must abide by in order to retain the right to pursue damages. As such, if a plaintiff does not file a medical malpractice lawsuit in a timely manner, his or her claim…
Under New York law, a person may be confined to a mental health institution against his or her will, for both the safety of the person and of other people the person may encounter. Sufficient grounds must exist to hold a person against his or her will, however, and if…
There are few things more devastating than suffering the loss of an infant prior to birth, and when the death is caused by negligent medical care, parents often wish to hold the incompetent care providers accountable. Thus, many parents of infants who lost their lives due to inadequate care choose…
In some instances, while it is evident that a person suffered harm due to inadequate medical care, the identity of each physician that provided incompetent care will not immediately be clear. Although a plaintiff seeking damages in a medical malpractice lawsuit can add additional defendants after the lawsuit is filed,…
In many instances in which a person undergoes a surgical procedure, there are numerous physicians taking part in the surgery. Thus, there may be multiple physicians who may ultimately be held liable for a patient’s injuries if an error is committed during surgery. In a recent New York surgical malpractice…
Medical malpractice cases often hinge on the sufficiency of each party’s expert affidavit. In other words, if the defendant produces expert testimony demonstrating that he or she did not depart from the standard of care, and the plaintiff fails to produce an affidavit that disputes the defendant’s expert’s assertions, the…
Typically, courts aim to assess medical malpractice cases based on their merit. In other words, the courts will determine if either party has presented sufficient evidence in support of their position to obtain a judgment as a matter of law, or if the case should proceed to trial. In some…
In all medical malpractice cases filed in New York, the burden of proof is transferred from the plaintiff to the defendant and then back to the plaintiff. In other words, the plaintiff must delineate the alleged malpractice committed by the defendant via a bill of particulars. In turn, if the…