It is not uncommon for more than one doctor to perform surgery on a patient. If the patient subsequently suffers harm due to mistakes made during the procedure, the surgeon in charge of the patient’s care may be deemed liable for medical malpractice, even if other doctors participated in the…
Medical malpractice claims are complex, and in most instances, it is prudent for victims of medical negligence that wish to pursue claims against their healthcare providers to seek the assistance of an attorney. It is not necessary for a plaintiff in a medical malpractice case to be represented by counsel,…
Pursuant to New York law, parties pursuing wrongful death claims against negligent healthcare providers must comply with the applicable statute of limitations. Generally, the courts will dismiss claims filed outside of the statutory period. There are exceptions, though, that allow for the tolling of the statute of limitations, such as…
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…
While it is prudent for people who want to pursue civil claims to seek the assistance of an attorney in most instances, medical malpractice cases are especially complex, and the decision to proceed pro se often negatively impacts a plaintiff’s rights. The ramifications of pursuing medical malpractice claims without an…
Although the majority of car accidents are caused by careless driving, people who negligently cause collisions rarely admit liability. Instead, in most instances, they will argue that there are factual disputes that must be resolved by a jury. In some cases, though, the evidence will be so compelling that the…
Bicycle accidents can cause catastrophic harm, and in most instances, they can are brought about by negligence. As such, people hurt in such crashes will often seek compensation from the person they deem responsible. While liability is obvious in some bike accident cases, in others, the issue of fault must…
New York law sets forth statutes of limitations for pursuing civil claims. While medical malpractice claims fall under the umbrella of civil claims, they have a shorter statute of limitations. Thus, which limitation applies depends on whether the person that allegedly caused the plaintiff harm committed ordinary negligence or negligence…
It is not uncommon for surgical procedures to be less successful than anticipated. While in some instances, such results are unavoidable, in others, they are the result of negligence. As such, a party that suffers injuries following a procedure typically must produce expert testimony to show that their harm was…
In the majority of medical malpractice cases, the plaintiff must offer evidence in the form of an expert opinion to show that the defendant caused their harm. There are some exceptions, though, like when the doctrine of res ipsa loquitor applies. If a plaintiff fails to assert this argument, however,…