Typically, doctors perform surgical procedures in hospitals or other medical facilities. If a patient subsequently suffers harm due to complications during the procedure, the doctor may be liable for medical malpractice. Whether the facility where the procedure was performed bears responsibility as well depends on numerous factors, as discussed in…
Incompetent medical care often causes significant injuries and, in some instances, can tragically lead to fatal harm. While the surviving family members can pursue claims against the responsible physicians, they must act promptly; otherwise, they may lose the right to recover damages, as illustrated in a recent New York opinion.…
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…
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.…
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…
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,…
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…
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…
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…
Walk down any street in any city, big or small, and you’ll see people walking across the street, into crosswalks, onto roadways, through parking lots with moving traffic, and along sidewalks, never looking up from their cell phones as they text or email. Worse, there have been numerous YouTube videos…