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Articles Posted in Neurology Malpractice

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New York Court Discusses Demonstrating Medical Malpractice Via Expert Opinions

Neurological disorders can cause grave harm, and in many instances, that harm is markedly increased if a patient is not properly diagnosed in a prompt manner. Therefore, if a doctor fails to take the measures necessary to accurately determine a plaintiff’s diagnosis, it may provide grounds for a medical malpractice…

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Court Explains Reliability of an Expert Report in a Neurological Malpractice Case

In many medical malpractice cases in New York, the defendant will file a motion asking the court to dismiss the plaintiff’s claims prior to trial. If the defendant produces an expert report that adequately demonstrates that it should not be deemed liable, the motion will be granted unless the plaintiff…

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New York Court Discusses Spoliation in Medical Malpractice Cases

Medical malpractice cases are unusual in that a plaintiff will often have to rely on medical records obtained from the defendant to demonstrate the defendant’s liability. Thus, if a defendant loses or destroys a plaintiff’s treatment records prior to producing them, it can impair the plaintiff’s ability to prove the…

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Court Discusses Evidence Sufficient to Avoid Dismissal Via Summary Judgment in a Medical Malpractice Case in New York

A patient harmed by incompetent medical care may be able to pursue claims against the provider that caused his or her injuries, regardless of whether the context in which the plaintiff received treatment. For example, if a person who is incarcerated receives incompetent care, he or she can seek damages…

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