Medical malpractice claims require testimony from expert witnesses in order to articulate the relevant standard of care for the medical professional who allegedly committed the negligent act. Not all expert testimony is admissible in New York medical malpractice cases. In fact, the United States Supreme Court articulated several factors that…
When it comes to surgery, timing can be everything. If the body reacts in unexpected ways to a surgical procedure, the physician performing the operation needs to react quickly in order to prevent long-term injuries or even death. It’s unfortunate, but instances of New York surgical malpractice are not uncommon.…
New York hospital malpractice cases require the review of voluminous medical records. Hospitals and health care providers are required to maintain these records, so a claim should simply be a matter of reviewing what’s disclosed or produced in the pre-trial discovery process. The facts surrounding a medical malpractice decision in…
Genetic testing is a medical breakthrough that allows people to know whether they are at risk for certain life-threatening conditions. For example, genetic testing can be used to determine whether someone is at an elevated risk for certain types of cancer. If the physician analyzes the testing correctly, he or…
Athletes and people living active lifestyles risk injuries such as pulling muscles or tearing ligaments. Orthopedic specialists often work with athletes to help repair those types of sports-related injuries. The experience of a New York woman who received a surgical biopsy from an orthopedic surgeon shows what can go wrong…
VA hospitals have the important role of serving United States veterans’ medical needs. As a federal government program, it’s subject to different laws, rules, and regulations than private hospitals or surgical centers. In an unfortunate news report, there are widespread allegations of medical malpractice, involving physicians from VA hospitals. The…
People often seek chiropractic treatment to help with chronic neck or back pain. Chiropractors are credentialed differently from medical doctors and are regulated by a different New York licensing body, but they are still required to perform their treatments under a standard of care. The appeals court in a New…
Patients are required to put a tremendous amount of trust into their physicians, who perform highly specialized procedures with the potential for tremendous risk. Unless told otherwise, most patients probably assume their surgeon is giving them their undivided attention during an operation. As recent regulatory scrutiny shows, however, the practice…
Mandatory arbitration provisions in contracts are becoming increasingly common. The United States Supreme Court has viewed them favorably. Most notably, the landmark decision AT&T Mobility LLC v. Concepcion held that the Federal Arbitration Act of 1925 preempts other laws that restrict companies from requiring customers to rely on mandatory arbitration. Medical practices…
Medical malpractice cases rely heavily on expert medical opinions because negligence is established by the breach of a physician’s standard of medical care. Not all expert testimony is admissible at trial, however. Each jurisdiction maintains rules of evidence to guide which sort of expert testimony is admissible. For example, NY…