While people harmed by inadequate medical care have the right to pursue claims against their providers, the right is not boundless. Instead, they must file a medical malpractice lawsuit within the time proscribed by law; if they file a claim outside of the statute of limitations, it will likely be…
Many doctors and medical facilities ask patients to sign consent forms prior to rendering treatment. Such forms usually grant permission to perform certain services and cover the risks associated with such care. In some instances, though, they may contain other provisions, such as a waiver of certain rights with regard…
Car accidents occur regularly in Syracuse, and they are typically brought about by negligent driving. Fortunately, people hurt in collisions can recover compensation via personal injury cases if they establish liability. In most cases, the issue of liability must be decided by a jury. In some instances, though, a court…
New York’s traffic laws are designed to minimize the risk of collisions by dictating when motorists must stop or yield to other drivers. Generally, if a driver traveling with the right of way is struck by another motorist, they will not be found at fault for the collision. There are…
For many medical issues, a prompt diagnosis is essential to a good outcome. As such, a patient that suffers harm due to a delayed diagnosis may be able to recover damages in a medical malpractice lawsuit. Merely demonstrating that a diagnosis was delayed is not sufficient to establish liability, though,…
In New York, most medical malpractice cases require the plaintiff to hire one or more medical experts to explain key issues to the jury, including the manner in which the defendant caused the plaintiff’s harm. Defendants typically hire experts as well, and the outcome of the case often hinges on…
It is not uncommon for a plaintiff in a personal injury matter to hire an expert to opine on the manner in which the defendant departed from the standard of care or otherwise caused the plaintiff’s harm. Even if expert testimony is not required it can often be helpful to…
The COVID-19 pandemic impacted most facets of modern life, including healthcare providers’ liability for medical malpractice. For example, laws were enacted shortly after the pandemic began to protect healthcare providers from liability with regard to certain behaviors related to the diagnosis and treatment of COVID-19. Such laws do not entirely…
Generally, the average judge or juror lacks medical training or an understanding of what constitutes appropriate practices and procedures in the context of medical care. As such, in the majority of medical malpractice cases, the plaintiff must produce evidence in the form of an expert opinion to support their claims.…
The majority of expectant mothers in New York choose to deliver their babies in a hospital setting. Thus, if they suffer harm due to an error that occurs during or after their delivery, they may be able to pursue medical malpractice claims against those responsible for their harm. In many…