Expert testimony is essential in New York medical malpractice cases. Specifically, the success of a plaintiff’s claims may hinge on the strength of their expert’s opinion. Similarly, defendants often rely on expert opinions in support of their assertion that they should not be deemed liable for the plaintiff’s harm. In…
If a person suddenly dies shortly after a medical procedure, their surviving family members may be inclined to think their demise was caused by incompetent medical care. Belief alone is not sufficient to establish liability for medical malpractice, however. In other words, a plaintiff must produce sound evidence showing that…
In many medical malpractice cases, the plaintiff can pinpoint the precise acts that led to their harm. In some matters, though, the plaintiff will rely on the fact that the harm they suffered would not have occurred absent negligence, in support of their assertion that the defendant committed medical malpractice.…
Expert testimony is essential in a medical malpractice case, and without it, a plaintiff most likely cannot establish liability or damages. As such, if the court refuses to allow a plaintiff’s expert to testify, it will most likely cripple their case. While there may be grounds for precluding some of…
When a patient suffers harm after receiving medical care, their inclination may be to seek compensation from the provider that they believe caused their harm. Merely because a plaintiff sustained injuries does not mean that they will be able to establish that their losses were caused by medical malpractice, though.…
Patients that receive inadequate care in a hospital emergency room and suffer harm as a result may be able to pursue medical malpractice claims against both the hospital and the doctors that rendered their care. Whether a hospital will be deemed vicariously liable for a patient’s harm depends on numerous…
Typically, a plaintiff in a medical malpractice case will submit their claims to a judge rather than a jury. There is always a risk that a jury could issue a ruling that does not comport with the evidence presented, but in such instances, the law allows a party to move…
A patient that seeks emergency care in a hospital and subsequently suffers a loss of a limb or other critical harm may have grounds for pursuing medical malpractice claims against the hospital and its doctors. Defendants in medical malpractice cases rarely concede liability, however, regardless of the gravity of the…
It is not uncommon for people harmed by incompetent medical treatment to suffer other injuries at the hands of the parties responsible for their care. As such, they may assert medical malpractice claims along with other causes of action in a single lawsuit, usually in federal court. Federal courts have…
People harmed by medical malpractice are often eager to litigate their claims. In some instances, though, a plaintiff will neglect to take action or move a case forward for several years. In such cases, the court may find it appropriate to dismiss the plaintiff’s claims for failure to prosecute. In…