People pursuing medical malpractice claims in New York will typically wish to have their case tried before a jury. While the expectation is that jurors will issue a fair verdict based on the evidence, that is not always the case. Parties can appeal jury verdicts, but they can be difficult…
Did you know you are not required to accept the first medical diagnosis you receive? You shouldn’t. According to one study, only 12% of second-opinion patients left with confirmation that the original diagnosis was correct. This means that nearly 90% of patients have a new or improved diagnosis. Call our…
Necrotizing fasciitis (NECK-re-tie-zing FASH-e-i-tis) is a fatal bacterial infection that spreads quickly. The term “necrotizing” refers to something that causes the death of another. The term “fasciitis” refers to inflammation of the fascia, which is the subcutaneous (under the skin) tissue that surrounds muscles and nerves and holds everything in…
Generally, a plaintiff in a medical malpractice lawsuit has the right to designate the venue for the case in the initial pleading. The right is not boundless, however, and there are several grounds upon which a defendant can seek a change of venue. Recently, in an opinion delivered by a…
The majority of medical malpractice cases filed in New York never reach trial. While most cases that resolve before trial are settled, others are dismissed via summary judgment. It is difficult for either party to obtain judgment in their favor as a matter of law, though, as demonstrated in a…
People who visit hospitals are often suffering from acute issues. Like all other physicians, doctors providing emergency treatment must abide by the applicable standard of care, and if they fail to do so, it can lead to grave harm. Many doctors will attempt to have medical malpractice claims asserted against…
Oftentimes, patients admitted to hospitals are treated by a number of doctors. As such, if they suffer harm due to medical negligence, the identity of each of the responsible treatment providers may not immediately be ascertainable, and the plaintiff will name the unknown provider as John Doe in the complaint.…
In a high percentage of New York medical malpractice cases, the defendants file motions for summary judgment, asking the courts to find in their favor as a matter of law. Summary judgment is not appropriate in every case, though. Instead, it is limited to those matters in which no material…
Medical malpractice cases filed in federal court are often subject to levels of review not present at the state level. For example, if a party files a motion to dismiss or for summary judgment, the motion may be referred to a magistrate judge, who will make a recommendation to the…
In many instances, parties that suffer harm due to medical negligence will sustain other damages as well, such as losses caused by violations of their civil rights. Thus, they will often choose to pursue claims for damages in federal court. While federal courts can exercise supplemental jurisdiction over state law…