It is not uncommon for a defendant in a medical malpractice case to seek to have the case dismissed via a motion for summary judgment. Typically, the defendant’s motion will rely on an expert affidavit opining that the defendant met the standard of care. Even if a defendant sets forth…
Many times when a person presents to the emergency room of a hospital, multiple doctors will render treatment and care to the person. Thus, if the person subsequently suffers harm because the care provided was inadequate, there may be more than one care provider liable for the person’s harm. If…
In many medical malpractice cases, whether the defendant is found liable for the plaintiff’s alleged harm hinges on the strength of the expert opinions set forth by each party. Recently, a New York appellate court discussed the role of expert reports in medical malpractice claims and how such reports should…
The law provides many safeguards that a plaintiff in a medical malpractice case can use to remedy results that are perceived to be unjust. For example, even if a judge or jury finds in favor of a defendant, a plaintiff in a malpractice case has the right to seek a…
While many people who suffer harm due to medical malpractice wish to resolve any lawsuit arising out of the malpractice as quickly as possible, some people delay in pressing the case forward. In cases where a delay constitutes a violation of the rules of civil procedure, it may result in…
When a child suffers harm at birth, it is often due to the negligence of the doctor that cared for the mother during her pregnancy or the doctor that delivered the child. Thus, if it can be established that the doctors failed to provide appropriate care, the child and his…
Many hospitals and facilities not only provide medical care, but they also act as learning institutions for doctors in training. Thus, in many cases, a patient will be treated by a resident who is supervised by an attending physician. The duties imposed on supervised medical personal differ from those exercising…
Medical malpractice cases largely hinge on the sufficiency and persuasiveness of the expert reports submitted by either party. If the defendant does not have a compelling expert report, he or she may be found liable as a matter of law, whereas if the plaintiff lacks a strong report, his or…
In nursing malpractice cases, like any other civil case, it is essential for both parties to comply with deadlines and to answer discovery requests in promptly, so that the case may be resolved in an equitable and efficient manner. Thus, if a party fails to abide by the statutory deadlines…
If a person suffers injuries in a hospital, the hospital may be liable for the person’s harm. The standard for imposing liability against a hospital in a medical malpractice case is the same as the standard from proving the liability of an individual defendant, in that a plaintiff must show…