People suffering from critical medical issues are often transported to the hospital by emergency medical technicians (EMTs) via an ambulance. EMTs are expected to employ reasonable care when transporting patients, and if they do not, it can result in injuries. In some cases, though, a person injured by the negligence…
The average person usually lacks an understanding of the standard of care imposed on medical professionals. As such, in most medical malpractice cases both sides will retain medical experts to explain to the judge or jury what is required under the applicable standard of care and to offer an opinion…
It is not uncommon for people in facilities owned and operated by the federal government to receive medical care during their stay. If they subsequently suffer harm due to incompetent care, they may be able to seek recourse, but the nature of their claims depends in part on the egregiousness…
Mistakes made by medical professionals tending to a mother during labor and delivery can have devastating consequences and may constitute grounds for pursuing medical malpractice claims. Defendants accused of medical negligence rarely admit liability, however, and in fact, in most cases, will assert that the court should find in their…
Defendants in New York medical malpractice cases will often not only deny liability but will also assert that the evidence so clearly demonstrates their lack of fault that they should be granted judgment in their favor as a matter of law. A defendant seeking summary judgment in a medical malpractice…
In most medical malpractice cases filed in New York, the plaintiff has the right to choose the venue where the matter will be heard. There are exceptions to the general rule, though, such as in cases in which the parties entered into an agreement containing provisions relating to forum selection.…
Federal law deems certain communications privileged and protects them from disclosure. For example, confidential communications between spouses are generally not discoverable. Recently, a New York court discussed the spousal privilege in the context of medical malpractice cases, in a matter in which it ultimately rejected the defendant’s objection to the…
People seeking damages for medical malpractice in civil lawsuits have the right to a fair trial in front of an impartial jury. If that right is violated by the judge or an attorney, it may be grounds for reversing the outcome of the case. This was demonstrated in a recent…
People tend to think of strokes as something that impacts older individuals, but people of all ages, including infants, can suffer strokes. Babies do not regularly experience strokes, so if they present to an emergency room with symptoms of a cerebrovascular episode, they may be misdiagnosed. A prompt diagnosis and…
In New York medical malpractice cases, the plaintiff initially bears the burden of proof. Specifically, the plaintiff must show that the defendant departed from the accepted and good practice of medicine, thereby causing the plaintiff to suffer harm. As such, if a defendant wishes to obtain dismissal via summary judgment,…