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…
If a person dies due to medical malpractice, the administrator of the person’s estate can file a lawsuit seeking compensation on behalf of the estate. Regardless of the merits of the underlying claim, however, if the party seeking damages does not comply with the procedural requirements for pursuing claims on…
Under New York law, the burden shifts in medical malpractice cases from the plaintiff to the defendant, who must prove that he or she is entitled to judgment as a matter of law. If the defendant meets this burden, the case will be dismissed, unless the plaintiff produces sufficient evidence…
Surgeons are highly skilled and trained and are required to provide treatment commensurate with their training. Surgeons sometimes fall short of the standard of care, however, and when they do, they should be held accountable for any harm they cause. A New York appellate court recently discussed what constitutes sufficient…
In many medical malpractice cases filed in New York, the court dismisses the case due to procedural errors, regardless of whether the plaintiff has a valid claim. For example, in instances in which a person is deceased due to medical malpractice, the claim must be pursued by a personal representative…
Generally, a plaintiff has the right to decide where to pursue his or her medical malpractice claim. There are limitations, however, in that a court cannot render rulings in a case in which it has no jurisdiction over an entity or person who is named as a defendant. In a…
In New York medical malpractice cases, if a plaintiff seeks to recover damages on behalf of an estate, he or she must comply with the New York Rules of Civil Procedure, otherwise, the plaintiff runs the risk of having his or her case dismissed. This was demonstrated in a recent…