In medical malpractice litigation, establishing whether a physician followed accepted standards of care is often a matter of expert testimony. When experts disagree, courts are generally reluctant to resolve the case before trial. A recent decision from a New York court highlights how disputes over a physician’s diagnostic and treatment…
In medical malpractice litigation, timing can be everything, especially when a diagnosis is allegedly delayed. When a physician fails to order appropriate testing or pursue a differential diagnosis, it can have irreversible consequences for the patient. A recent New York decision highlights how disputes over whether a delay in diagnosis…
In high-stakes medical malpractice litigation, timing can be just as critical as the substance of the claims. Courts enforce strict deadlines for dispositive motions like summary judgment, which can derail a party’s case. However, a recent New York decision suggests that courts will consider granting leeway when confusion arises from…
In the chaos of medical procedures and postoperative care, patients trust healthcare providers not only to treat them effectively but also to safeguard them from harm. Yet when an injury occurs—such as a fall while under medical supervision—the question of whether it constitutes simple negligence or rises to the level…
Medical facilities have a duty to take appropriate precautions to prevent their patients from suffering foreseeable harm. For example, in cases involving fall risks, hospitals and medical staff must ensure they have implemented adequate safety measures to protect patients, and if they neglect to do so, it may lead to…
Many medical malpractice cases hinge on the strength of expert testimony, particularly when complex medical conditions are involved. Plaintiffs must not only demonstrate a deviation from the standard of care but also establish that the negligence directly caused harm. This was emphasized in a recent New York medical malpractice case…
Numerous healthcare facilities throughout New York are funded by the federal government. While healthcare providers working at such facilities are expected to adhere to established standards of care, establishing liability for medical malpractice for deviations from such standards can be challenging. Specifically, there are additional procedural requirements plaintiffs must adhere…
In many cases where a patient has a serious health concern, they will be treated with multiple providers. If they subsequently suffer harm due to substandard care, it may be complicated to determine which provider is ultimately at fault, as demonstrated in a recent New York case. If you or…
When injuries occur in a hospital setting, determining whether the claims arise from medical malpractice or ordinary negligence can significantly impact a case’s viability. This distinction often determines the applicable statute of limitations and legal standards for proving liability. A recent New York decision highlights this distinction and how New…
Generally, people pursuing medical malpractice claims will present evidence to a jury to prove that a deviation occurred and caused harm. Juries do not always make rules in accordance with the evidence, though, and if they do not, their verdict may be subject to challenge, as demonstrated in a recent…