Typically, courts aim to assess medical malpractice cases based on their merit. In other words, the courts will determine if either party has presented sufficient evidence in support of their position to obtain a judgment as a matter of law, or if the case should proceed to trial. In some…
In all medical malpractice cases filed in New York, the burden of proof is transferred from the plaintiff to the defendant and then back to the plaintiff. In other words, the plaintiff must delineate the alleged malpractice committed by the defendant via a bill of particulars. In turn, if the…
In any civil lawsuit, it is essential for the plaintiff to assert the proper claims against the defendant, and the failure to do so can result in the dismissal of a case. For example, while negligence and medical malpractice claims bear many similarities, there are key distinctions between the two…
Many times when a person presents to the emergency room of a hospital, multiple doctors will render treatment and care to the person. Thus, if the person subsequently suffers harm because the care provided was inadequate, there may be more than one care provider liable for the person’s harm. If…
While many people who suffer harm due to medical malpractice wish to resolve any lawsuit arising out of the malpractice as quickly as possible, some people delay in pressing the case forward. In cases where a delay constitutes a violation of the rules of civil procedure, it may result in…
Many hospitals and facilities not only provide medical care, but they also act as learning institutions for doctors in training. Thus, in many cases, a patient will be treated by a resident who is supervised by an attending physician. The duties imposed on supervised medical personal differ from those exercising…
If a person suffers injuries in a hospital, the hospital may be liable for the person’s harm. The standard for imposing liability against a hospital in a medical malpractice case is the same as the standard from proving the liability of an individual defendant, in that a plaintiff must show…
In many medical malpractice cases filed in New York, the court dismisses the case due to procedural errors, regardless of whether the plaintiff has a valid claim. For example, in instances in which a person is deceased due to medical malpractice, the claim must be pursued by a personal representative…
Generally, a plaintiff has the right to decide where to pursue his or her medical malpractice claim. There are limitations, however, in that a court cannot render rulings in a case in which it has no jurisdiction over an entity or person who is named as a defendant. In a…
In New York medical malpractice cases, if a plaintiff seeks to recover damages on behalf of an estate, he or she must comply with the New York Rules of Civil Procedure, otherwise, the plaintiff runs the risk of having his or her case dismissed. This was demonstrated in a recent…