Many people who require medical tests or procedures use insurance to pay for the services they receive. While insurance companies often conduct reviews to determine if care is necessary, they do not provide medical care. Thus, as discussed in a recent opinion issued in a New York case, they generally…
While most medical malpractice cases arise out of the failure to provide patients with treatment that complies with the applicable standard, some allege that the defendant violated the duties owed to the plaintiff by failing to adequately explain the risks associated with a treatment prior to prescribing it to the…
In a New York medical malpractice case, there is a strong preference that matters be determined on their merits. This means, among other things, that such a case is rarely dismissed for failure to comply with discovery requests during the litigation process. Generally speaking, the courts prefer to use less…
Syracuse Medical malpractice cases tend to involve multiple parties and a myriad of legal issues. Typically, all of the patient’s claims are tried in the same trial, complicated though it may be. Occasionally, however, either the patient or the medical provider may ask that the issues be severed and that…
In a Syracuse medical malpractice case, the plaintiff has the burden of proving that the defendant medical provider breached the applicable standard of care. This standard must be determined on a case-by-case basis because not every doctor, nurse, or medical clinic owes a patient the same duty. For instance, physicians…
The medical condition known as a “stroke” occurs when there is poor blood flow to the brain. Suffering a stroke can result in debilitating personal injuries and even death. High blood pressure is one of the main risk factors for strokes. If a doctor’s negligence causes a patient to suffer…
Most Syracuse medical malpractice lawsuits revolve around the issue of whether the defendant healthcare provider deviated from the standard of care that applied to the plaintiff’s medical treatment and/or whether any such deviation was the proximate cause of the plaintiff’s injuries or death. This is not always the only potential…
In some Syracuse medical malpractice cases, there is but a single defendant. This could be a family doctor who ignored a patient’s symptoms of a life-threatening emergency medical condition, resulting in the patient’s death, or it could be a surgeon who negligently left medical instruments inside a patient’s body, resulting…
The Legislature of the State of New York has codified the limitations period for a Syracuse medical malpractice lawsuit. This means that, generally speaking, someone who is hurt by the mistake of a doctor or other healthcare professional must file a claim within that time period, or else his or…
If you have suffered injuries or lost a loved one due to the negligence of a healthcare provider, you should know that you have a limited amount of time to file a claim seeking money damages from the responsible individual, group, or hospital. This time period is referred to as…