Pursuant to New York law, people injured by negligent medical care have the right to pursue medical malpractice claims against the providers responsible for their harm. They must act promptly, though, as if they fail to pursue their claims within the statute of limitations, they may be dismissed, as demonstrated…
In New York medical malpractice cases, a plaintiff must prove not only that the defendant failed to uphold the applicable standard of care but also that the defendant’s departure from the standard of care caused the plaintiff’s harm. In other words, the failure to demonstrate causation is typically fatal to…
Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit…
Doctors have an obligation to not only provide their patients with competent care but also to advise them of their treatment options and the potential benefits and disadvantages of each choice. If a doctor fails to adequately inform a patient of the risks of a procedure and the patient subsequently…
Careless driving not only causes collisions between vehicles but can cause crashes involving pedestrians as well. The injuries brought about by a car hitting a person can be significant, especially if the person is a minor. It follows, then, that as demonstrated in a recent New York ruling in which…
In many rear-end collisions, the second driver is at fault. In some instances, though, the first driver’s actions contribute to the crash as well. As demonstrated in a recent New York case, in such instances, the first driver bears the burden of proving they should not be deemed liable, and…
It is not uncommon for people who suffer fractures to undergo care with multiple providers; if they subsequently suffer complications, each provider may ultimately be deemed responsible for their losses. Whether a medical malpractice case involves one or many defendants, though, the plaintiff must establish a deviation from the accepted…
The majority of car accidents occur due to careless driving. In many cases arising out of collisions, though, the parties dispute whose negligent operation of a vehicle actually caused the crash. In such instances, the courts typically will not order judgment as a matter of law in one party’s favor,…
In any medical malpractice matter, the plaintiff must show not only that the defendant failed to abide by the prevailing standard of care but also that the defendant’s deviation from the standard of care proximately caused the plaintiff to suffer harm. If the plaintiff does not meet this burden, their…
In many collisions, the negligence of multiple drivers will combine to set off a chain of events that ultimately cause the crash. Simply because a car accident involves multiple drivers does not mean that they are all at fault, however, as discussed in a recent New York ruling. If you…