When a doctor recommends a treatment to a patient, they must not only inform the patient of its benefits but also of any potential complications or side effects that may arise. Additionally, the doctor must advise the patient of other treatment options that are available. If a physician fails to…
People that pursue medical malpractice claims often are required to produce their medical records, including mental health records, throughout the course of litigation. Such records often contain sensitive information, however, and some plaintiffs may be reluctant to provide them to the defendant without just cause. In a recent cardiology malpractice…
People harmed by medical malpractice have the right to pursue damages, but they must do so within the applicable statute of limitations. Additionally, in certain circumstances, a plaintiff must comply with other statutory notice requirements, and the failure to do so may result in dismissal of the claims asserted. This…
In many medical malpractice cases in New York, the defendant will move to dismiss the plaintiff’s claim via summary judgment by arguing that no factual disputes remain and that upon review of the evidence, it is clear that the defendant did not harm the plaintiff. Usually, the primary basis for…