Surgeons are highly skilled and trained and are required to provide treatment commensurate with their training. Surgeons sometimes fall short of the standard of care, however, and when they do, they should be held accountable for any harm they cause. A New York appellate court recently discussed what constitutes sufficient…
In many cases in which a person is injured by inadequate medical care there will be more than one entity or care provider liable for his or her harm. For example, hospitals can be held accountable for harm caused by a resident due to an improperly performed procedure. Recently, the…
In most New York medical malpractice cases, the plaintiff will request a trial by a jury of his or her peers. Thus, if the case proceeds to trial, the jury will determine issues of fact and credibility, and render a verdict based on its assessment. Although jury trials are an…
In most surgical malpractice cases, the plaintiff will elect to have a jury decide whether the defendant doctor should be held liable for the plaintiff’s harm. Juries do not always assess liability accurately, however, and in some cases, a jury will issue a verdict that is in opposition to the…
Any time a person needs to undergo a surgical procedure, the doctor performing the procedure is required to obtain the person’s informed consent. In other words, the doctor must explain to the person the risks, benefits, and potential outcomes of the surgery, and obtain consent from the person to proceed…
In surgical malpractice cases, there is a shifting burden from the defendant to the plaintiff to provide competent evidence to prove whether there is sufficient evidence to show that the defendant deviated from the accepted standard of care. In most cases, each party will produce an expert affidavit supporting his…
Prior to surgery, the physician performing the surgery will typically obtain the patient’s informed consent. The process of obtaining informed consent involves advising the patient of any potential risks to the surgery and asking if the patient understands the risks and consents to the surgery regardless of the risks it…
Surgeons are required to possess the skills and training of other surgeons in their local community. As such, for a plaintiff to recover on a surgical malpractice claim he or she must show, in part, that the defendant surgeon performed the operation in a manner that deviated from the accepted…
Medical malpractice claims typically allege that a medical provider negligently breached the standard of care and therefore, the provider should be responsible for any harm the injured party sustained because of the inadequate care. To recover under a medical malpractice claim alleging negligence, in addition to proving that the medical…
Under New York law, medical malpractice actions must be filed within two and a half years of the last date of treatment or they may be barred as untimely. Depending on the nature of the relationship between the patient and treatment provider, however, the last date of treatment may be…