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 medical malpractice cases filed in New York, the court dismisses the case due to procedural errors, regardless of whether the plaintiff has a valid claim. For example, in instances in which a person is deceased due to medical malpractice, the claim must be pursued by a personal representative…
Generally, a plaintiff has the right to decide where to pursue his or her medical malpractice claim. There are limitations, however, in that a court cannot render rulings in a case in which it has no jurisdiction over an entity or person who is named as a defendant. In a…
In New York medical malpractice cases, if a plaintiff seeks to recover damages on behalf of an estate, he or she must comply with the New York Rules of Civil Procedure, otherwise, the plaintiff runs the risk of having his or her case dismissed. This was demonstrated in a recent…
While most medical malpractice cases are straightforward and merely allege harm caused by inadequate care provided by a doctor, some cases allege a physician should be held liable for inappropriate acts committed by a third party. In a recent case, the Supreme Court of New York, Bronx County analyzed whether…
When a person wishes to pursue a medical malpractice claim in New York, he or she must not only prove that the defendant doctor negligently caused his or her harm, the person must also serve the defendant with the lawsuit within the statutorily prescribed timeframe. In other words, even if…
Primary care physicians provide patients with generalized care for a variety of conditions, including chronic pain. While opioid painkillers can provide essential relief to many people with chronic pain, they must be administered with caution and patients taking opioids must be carefully monitored, to prevent abuse and diversion. If a…
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…
New York medical malpractice cases typically hinge on the sufficiency of each party’s expert testimony. If a party fails to provide an expert report, or his or her expert reports are deemed inadmissible, it can have a devastating effect on the party’s position. In a recent OB-GYN malpractice case in…