Medical malpractice claims typically sound in negligence. There is a difference between ordinary negligence and negligent acts committed in the course of offering medical care, though, and the failure to recognize the distinction prior to instituting a lawsuit can have negative consequences. For example, in a recent New York case,…
Breast cancer is a devastating illness that impacts many women. As such, it is recommended that women undergo regular breast cancer screenings. Even if a woman submits to such tests, they may nonetheless develop cancer. Whether a doctor’s failure to conduct more frequent screenings to prevent cancer from progressing constitutes…
A plaintiff that wishes to pursue medical malpractice claims generally has the right to determine where to file their case. There are limitations to this general right, however. Specifically, the court must have the authority to exercise jurisdiction over a medical malpractice case, and if it does not, the case…
The federal government funds many medical facilities in New York; as such, the healthcare providers that work in such facilities are often considered federal employees. Whether a physician works for a private or public corporation matters, in part, if the physician engages in behavior that constitutes malpractice, as it impacts…
People that suffer losses due to medical malpractice have the right to pursue claims against the healthcare providers responsible for their harm. They must file any claims within the applicable statute of limitations, though; otherwise, they might waive the right to recover damages. While the courts strictly construe statutes of…
After people undergo surgical procedures, it is critical that they receive appropriate care. Thus, if healthcare providers fail to take the post-surgical measures necessary to prevent them from developing infections and other complications, they may be liable for medical malpractice. The standard of care imposed on medical professionals providing post-operative…
The COVID-19 pandemic altered many aspects of everyday life, including the manner in which medical malpractice cases are litigated. Specifically, among other things, it generally increased the length of time parties had to pursue claims against negligent medical professionals. In a recent opinion issued in a medical malpractice case, a…
People harmed by negligent medical care have the right to pursue medical malpractice claims against their providers, but they must act promptly; otherwise, their claims may be dismissed as untimely. Specifically, under New York law, medical malpractice lawsuits must be filed within two years and six months of the date…
In New York medical malpractice cases, defendants will often not only deny liability but will ask the courts to dismiss the plaintiffs’ claims against them on the grounds that they cannot be deemed liable as a matter of law. If a court finds that there are factual disputes that need…
An inaccurate diagnosis can lead to improper treatment, the progression of illnesses, and other losses. While, in most instances, harm is caused by a missed diagnosis, patients can also suffer injuries if they are incorrectly diagnosed with an illness that they do not have. Recently, a New York court examined…