While in some cases, a patient’s symptoms are straightforward, and the cause of the symptoms are easily ascertainable, in other instances, the journey to an accurate diagnosis can be lengthy. Simply because a patient does not immediately receive a correct diagnosis does not indicate that malpractice is present, however. Instead,…
Not all medical malpractice cases arise out of bodily harm; rather, in some instances, a medical malpractice case will arise out of the alleged breach of patient-doctor confidentiality. Regardless of the harm alleged, however, it is critical for the plaintiff to prove he or she suffered actual damages. This was…
In all but the clearest of cases, a plaintiff alleging he or she suffered harm due to medical malpractice must retain an expert who will testify as to the manner in which the defendant healthcare provider caused the plaintiff’s harm. Similarly, the defendant must produce an expert report, refuting the…
In any medical malpractice case filed in New York, the plaintiff must set forth a bill of particulars establishing the manner in which the defendant’s care caused the plaintiff’s harm. In turn, if the defendant rebuts the specific allegations in the plaintiff’s bill of particulars, thereby sufficiently showing that he…
Mammograms are a critical component of preventative care. Many women do not undergo mammograms on a yearly basis, though, despite the clear health benefits. Other women undergo mammograms in mobile screening vans that typically offer mammograms during breast cancer awareness month. If a mammogram conducted in a mobile van is…
Most medical malpractice cases filed in New York are decided on their merits. In other words, if the case proceeds to trial, the judge or jury will ultimately decide the issue of liability and damages based on the evidence presented. In some instances, however, the outcome of a case will…
In some cases in which a person is harmed by negligent treatment, multiple providers will participate in the person’s care, but not all of the providers will contribute to the person’s harm. Thus, it is not uncommon for either party to seek to depose non-party physicians as fact witnesses. There…
It is not uncommon for a person seeking medical treatment to travel to another state or for a care provider to treat patients in more than one state. In a patient is harmed by treatment rendered by an out of state care provider, though, it can be difficult to determine…
It is not uncommon for a physician that treats a patient to refer the patient to a specialist for the diagnosis or treatment of certain conditions. When multiple providers treat a person for a single issue, and the care provided is inadequate, it can be challenging to assess which care…
In any medical malpractice case, it is essential for the injured person to name the correct parties as defendants. In some cases, however, it is not immediately clear who the correct parties or entities are, and a plaintiff who names the incorrect parties may have his or her claims dismissed.…