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…
It is not uncommon for a patient to undergo multiple procedures for a single medical issue. While typically, such treatment will offer them relief, in some cases, it will unfortunately result in compounded harm. In such cases, more than one provider may be deemed liable, as demonstrated in a recent…
In New York, EMTs providing ambulance services constitutes healthcare. As such, if they render their services improperly, they can be liable for medical malpractice. Not all duties performed by EMTs require an analysis of the standard of care imposed on health professionals, however, as some errors merely constitute negligence. In…
Medical malpractice cases often hinge on the qualifications of expert witnesses and the interpretation of applicable standards of care. As such, the disqualification of a party’s expert witness can be devastating to their case. Recently, a New York court discussed expert qualifications in a medical malpractice case in which it…
Cardiomyopathy is a heart muscle disease. A defect causes the heart muscle to become weakened, swollen, or lopsided, making it difficult for the heart to pump blood. Cardiomyopathy affects infants eight times more than any other demographic. Cardiomyopathy, like myocarditis, can lead to congestive heart failure, which is caused by…
Magnetic resonance imaging (MRI) is a medical imaging test that uses magnetic pulses in conjunction with radio wave energy to view internal organs and other areas of the body. An MRI is a specialized piece of equipment with unique requirements. The MRI is not the same as a CT scan.…
For parents, the worries associated with impending parenthood begin long before their child is born. Unfortunately, birth injuries can occur at any time during pregnancy, labor, and delivery, or the postnatal period. One of the most serious birth injuries is hypoxic-ischemic encephalopathy (HIE). Hypoxic-ischemic encephalopathy (HIE) is a type of…
Gastroparesis, also known as delayed gastric emptying, is a condition in which the stomach takes an abnormally long time to empty its contents. The stomach normally contracts to move food down into the small intestine for digestion. The vagus nerve regulates the passage of food from the stomach to the…
If a person has a medical problem that necessitates medical attention or is simply going in for their annual check-up, anything they discuss with their doctor is kept between them and the healthcare provider. The physician is legally obligated to uphold a doctor-patient confidentiality agreement, which is based on the…
Compartment syndrome occurs when swelling or bleeding in an area creates excessive pressure within a particular muscle compartment area of the body. A recent physical injury is usually the cause of compartmentalized bleeding or swelling. The pressure can prevent blood from flowing to the affected area, necessitating emergency surgery. Failure…