When people suffer harm due to incompetent medical care, it is often the result of negligence. In some instances, the failings of more than one party contributed to the injured patients’ harm, and each negligent party may be deemed responsible. For example, a hospital may be liable for the carelessness…
The law affords people harmed by the incompetence of their doctors the right to seek compensation in medical malpractice claims. Pursuant to New York law, though, they must do so within a certain time frame; otherwise, they will waive their right to recover damages. In a recent New York case,…
In medical malpractice cases, the parties will often disagree regarding the circumstances surrounding the plaintiff’s harm. Factual disputes typically must be resolved via trial. In other words, if a party asks the court to grant judgment in their favor as a matter of law based on a disputed fact, it…
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…
Many people suffering from acute or chronic issues receive medical treatment from a provider working for a hospital or health care facility. As such, if they subsequently suffer harm due to incompetent care, they may not only be able to pursue medical malpractice claims against the doctor but also against…
In New York, whether a medical malpractice case is successful typically hinges on whether the judge or jury finds either party’s expert reports to be adequate or compelling. As such, both plaintiffs and defendants will often argue the opposing party’s expert reports are deficient, or that their expert lacks the…
When people suffer harm due to incompetent care provided by a doctor in a hospital, they are often able to pursue medical malpractice claims against the doctor. Many plaintiffs will attempt to seek damages from the hospitals as well, but liability will only be imposed in certain circumstances. In a…
Older people are especially vulnerable to the injuries that arise out of incompetent medical care, and in many instances, the harm they sustain is insurmountable, and they ultimately succumb to their illnesses. In such instances, the deceased person’s family members often can seek compensation from the negligent care providers via…
In many medical malpractice cases, there are multiple parties named as defendants. Defendants typically have varying degrees of liability, and it is not uncommon for one defendant to agree to settle, and for the plaintiff to draft a release dismissing the claims against that defendant. A release as to one…
Expert testimony is a key component of any medical malpractice case. Specifically, both plaintiffs and defendants must produce an affidavit from a medical expert that supports their claims or defenses relying on evidence produced from the record. While the expert does not have to practice in the same specialty as…