Acute respiratory distress syndrome (ARDS) is a type of severe, acute lung dysfunction caused by illness or injury that affects all or most of both lungs. Although it is commonly referred to as adult respiratory distress syndrome, it can also affect children. ARDS is caused by a buildup of fluid…
Articles Posted in Medical Malpractice
Sports Medicine Malpractice
While watching the World Series, the Olympics, or any other major sporting event, it is easy to overlook the tremendous effort that each athlete has exerted to play their sport. Every no-hitter and gold medalist has spent years training, conditioning, and learning how to out-think their opponents. Many of the…
Neonatal Malpractice
The birth of a child is one of the most joyous occasions in a person’s life. Parents have the right to expect that every precaution will be taken to ensure the mother’s and baby’s health and safety during the labor and delivery process. Unfortunately, this does not always occur, and…
Common Emergency Room Errors
Emergency rooms are frequently chaotic environments. Patients are rushed in for emergency treatment for serious injuries or illnesses. As a result, doctors and nurses are responding quickly to patients’ needs and performing emergency procedures. However, due to the fast-paced environment of emergency rooms, errors are frequently made, causing patients further…
New York Court Explains the Distinction Between Medical Malpractice and Ordinary Negligence
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,…
New York Court Explains What Evidence Is Needed to Prove a Doctor’s Negligence Caused a Patient’s Harm
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…
New York Court Examines Federal Jurisdiction Over Medical Malpractice Claims
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…
New York Court Examines Requirements for Pursuing Medical Malpractice Claims Against Federal Employees
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…
New York Court Discusses Statutes of Limitations for Medical Malpractice and Wrongful Death Claims
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…
New York Court Explains Establishing Liability for Inadequate Post-Surgical Care
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…