The COVID-19 pandemic created unprecedented challenges for healthcare providers, including nursing homes and rehabilitation centers. Families who lost loved ones in these settings often sought accountability through medical malpractice or wrongful death claims. Yet New York law temporarily granted broad immunity to healthcare facilities under the Emergency or Disaster Treatment…
In medical malpractice litigation, plaintiffs must not only allege negligence but also present competent evidence linking that negligence to a patient’s injury. This requirement is particularly important in delayed diagnosis cases, where causation hinges on whether earlier intervention would have changed the outcome. A recent decision from a New York…
Medical malpractice cases often turn on whether a provider responded appropriately to a patient’s symptoms during postoperative care. Under New York law, healthcare professionals must adhere to accepted medical standards when evaluating signs of complications, including potential infections. As such, conflicting expert opinions on the standards of care can prevent…
In medical malpractice litigation, clarity and timeliness in stating claims are essential. Once a case has progressed past the discovery phase and has been certified as ready for trial, courts are reluctant to allow major changes to a plaintiff’s theory of the case, as demonstrated in a recent New York…
Mental health treatment involves delicate clinical decisions, especially when a patient is at risk of self-harm. When a patient dies by suicide shortly after receiving psychiatric care, surviving family members may pursue legal action if they believe the care provided was inadequate. These cases are emotionally complex and legally challenging,…
Failure to diagnose a medical condition in a timely manner can lead to catastrophic harm. Such oversights are particularly alarming when the condition is detectable through proper medical assessment and often give rise to claims against negligent providers. In medical malpractice cases, courts often examine whether healthcare providers overlooked critical…
In cases involving allegations of medical malpractice and wrongful death, courts are often tasked with balancing the need for evidence preservation against procedural and legal requirements. This was illustrated in a recent New York case in which the court addressed issues such as pre-action discovery, evidence preservation, and requests for…
Medical malpractice cases often require plaintiffs to prove not only that a deviation from the standard of care occurred but also that the deviation caused injury or death. These claims hinge on expert opinions and the ability to rebut evidence presented by the defense. A recent New York case demonstrates the…
Medical malpractice claims require plaintiffs to prove that a healthcare provider’s deviation from the standard of care was a proximate cause of their injuries. If they do not, their claims may be dismissed, as shown in a recent New York decision where the court found that the plaintiff failed to…
During the COVID-19 pandemic, people admitted to healthcare facilities faced an increased risk of harm due to the likelihood of the spread of the disease. As such, the government passed laws largely granting immunity to such facilities during the pandemic. The immunity was not all-encompassing, however, as demonstrated by a…