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Articles Posted in Medical Malpractice

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New York Court Discusses the Impact of Victim Funds on Medical Malpractice Claims

Catastrophic events can expose people to toxins that cause skin cancer, lung disease, and other health concerns. Regardless of whether a person develops an illness due to environmental factors or such illnesses are about by other issues, though, it is anticipated that a doctor will be able to identify and…

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New York Court Discusses the Standard of Care in Medical Malpractice Cases

Many medical procedures carry some degree of risk, but the benefits often outweigh the potential for harm. In some instances, though, complications arise due to errors during a surgical procedure that fall outside of the known risks, and in such cases, they often constitute grounds for pursuing medical malpractice claims.…

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New York Court Discusses Vicarious Liability in Medical Malpractice Cases

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…

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Court Examines the Statute of Limitations in New York Medical Malpractice Cases

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,…

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New York Court Discusses Medical Malpractice Cases with Disputed Facts

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…

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New York Court Discusses Motions in Limine in Medical Malpractice Cases

Healthcare providers accused of committing malpractice are typically reluctant to admit liability. In medical malpractice cases in which it is clear that the plaintiff suffered harm due to inadequate medical care, the defendant may attempt to shift blame to a third party to avoid liability. Whether a defendant should be…

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New York Ruling Shows the Impact of a Party’s Death in a Medical Malpractice Case

Under New York law, not only can a person harmed by an incompetent healthcare provider seek compensation in a medical malpractice lawsuit, but their spouse can pursue claims against the provider as well. If either party dies before the matter is resolved, however, the surviving party must move to substitute…

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Boarding Patients in Emergency Room Hallways Can Increase the Risk of Medical Errors

Crowding in emergency departments (EDs) across the country and around the world has had an impact on care quality. There have been documented increases in patient mortality, medication errors, pain, length of hospital stay, and other negative effects. When an ED is overcrowded, all licensed beds may be occupied, and…

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