Defendants who lose medical malpractice cases at trial may have grounds to appeal the jury’s decision. Although the level of an appeals court’s discretion varies, the standard of review often requires a certain level of deference to the jury’s decision, and as a result, studies show that more cases are…
A recent court decision highlights the careful distinctions courts make in interpreting the New York medical malpractice statute of limitations. In Leace v. Kohlroser, the plaintiff was treated by a gastroenterologist for Crohn’s disease. She underwent a capsule endoscopy under his care, and he advised her to swallow a capsule…
A New York appeals court recently decided the case of a teenager who committed suicide on the night he was discharged from the emergency room. The court acknowledged the tragic circumstances of his death but ultimately affirmed the trial court’s decision for the defendants. This case shows the unique evidentiary…
New York law imposes extensive regulatory requirements on medical professionals to help ensure that patients are receiving high-quality care. These safeguards are not always effective to prevent New York medical malpractice, and recent news reports show that doctors are performing unlicensed buttock-enhancement surgery. The silicone injection products are not FDA-approved,…
Pathology malpractice occurs when a physician fails to correctly assess a patient’s tissue or fluid sample. The result can delay a diagnosis or lead to the mistreatment of a patient’s medical condition. Often, the determination of whether the pathologist acted negligently turns on very technical details, which is why New…
The United States established the Veterans Health Administration to provide health and medical services to veterans. The program helped establish hospitals, clinics, and medical centers aimed at assisting veterans and is run by the federal government, which means the medical professionals working at the facilities are usually considered federal employees.As…
Invasive surgical procedures necessarily carry with them risks, including a possibility of permanent injury. Although doctors are required to disclose the risks associated with a procedure under the doctrine of informed consent, New York medical malpractice law holds doctors to a certain standard of care when performing surgeries. Whether this…