Medical malpractice cases are complicated, and most people harmed by medical incompetence who wish to pursue claims against their healthcare providers would benefit from the assistance of a skilled attorney. Regardless, for various reasons, some people choose to proceed pro se. Doing so frequently results in the dismissal of their…
Syracuse Medical Malpractice and Personal Injury Lawyer Blog
New York Court Explains Grounds for Re-Instituting Medical Malpractice Claims
Doctors accused of medical malpractice will rarely admit fault. In fact, in many cases, they will move to dismiss the claims against them in their entirety. A plaintiff in a medical malpractice case can defeat such motions by demonstrating via expert evidence that a factual dispute exists as to whether…
New York Court Differentiates Medical Malpractice and Ordinary Negligence
People who witness others experiencing serious health issues will often call 911, after which an emergency response team will typically respond. Unfortunately, EMS teams are not always able to provide people in critical condition with the care that they need, and in some instances, people succumb to their illnesses. The…
Court Discusses Proximate Cause in New York Medical Malpractice Cases
Sadly, it is not uncommon for doctors and medical facilities to make mistakes when treating patients suffering from critical health concerns. Even if a provider makes a mistake, however, they will most likely not be deemed liable for medical malpractice unless their patient can establish that the error in question…
Court Addresses Establishing Medical Malpractice Liability Under New York Law
People who rely on long-term facilities to look after their loved ones expect that they will be treated with competent care. Sadly, however, it is not uncommon for people in long-term care facilities to suffer fatal harm due to negligence and oversights. In such instances, their loved ones may have…
New York Court Discusses Negligence Versus Medical Malpractice
Many people living in residential facilities receive both medical care and assistance with general tasks of daily living, such as feeding and grooming. As such, if they suffer harm in such facilities, it can be challenging to determine whether negligence or medical malpractice is the root cause. As discussed in…
Court Discusses the Relation-Back Doctrine in New York Medical Malpractice Cases
In New York medical malpractice cases, the plaintiff typically must name the parties allegedly responsible for their losses and must assert all of their claims against them within the timeframe dictated by the applicable statute of limitations. There are exceptions to the rule, though, such as when the identity of…
New York Court Examines Vicarious Liability in Medical Malpractice Cases
Typically, doctors perform surgical procedures in hospitals or other medical facilities. If a patient subsequently suffers harm due to complications during the procedure, the doctor may be liable for medical malpractice. Whether the facility where the procedure was performed bears responsibility as well depends on numerous factors, as discussed in…
Court Explains Statute of Limitations in New York Medical Malpractice Cases
Incompetent medical care often causes significant injuries and, in some instances, can tragically lead to fatal harm. While the surviving family members can pursue claims against the responsible physicians, they must act promptly; otherwise, they may lose the right to recover damages, as illustrated in a recent New York opinion.…
New York Court Discusses the Impact of Victim Funds on Medical Malpractice Claims
Catastrophic events can expose people to toxins that cause skin cancer, lung disease, and other health concerns. Regardless of whether a person develops an illness due to environmental factors or such illnesses are about by other issues, though, it is anticipated that a doctor will be able to identify and…