A motion for summary judgment is a procedural tool that defendants in medical malpractice cases often use in an effort to persuade the courts to dismiss the claims against them rather than allowing them to proceed to trial. The courts will only grant a summary judgment in cases in which…
It is an unfortunate reality that a patient can visit a cardiologist, receive a clean bill of health, and subsequently suffer a fatal heart attack a few days later. In such instances, the inclination is most likely to believe that the cardiologist negligently performed its duties, and therefore should be…
Car accidents are generally caused, at least in part, by negligent driving. Other factors may cause or contribute to bringing about collisions as well, though. For example, if a road suffers from an unsafe design, it may increase the likelihood of crashes or increase the severity of injuries suffered in…
New York is a no-fault insurance state. This means, in part, that a person hurt in a collision generally cannot recover damages from the party that caused the collision unless they demonstrate they suffered serious harm. In a recent New York ruling issued in a matter arising out of a…
Typically, parties in a medical malpractice case will settle their disputes prior to going to trial. If a matter is tried, however, issues of liability and damages will likely be assessed by a jury rather than a judge. While juries are tasked with assessing the evidence presented and making a…
Children are, sadly, not immune from the consequences of incompetent medical care. Thus, if they suffer harm because of a medical mistake, their parents will often pursue medical malpractice claims on their behalf. While medical malpractice cases involving children differ from those involving adults in some key aspects, the burdens…
Medical malpractice trials can be costly and emotionally exhausting, and litigants run the risk that the judge or jury determining liability will rule against them regardless of how persuasive their evidence is. Thus, in many cases, it is prudent for a plaintiff in a medical malpractice case to settle their…
Collisions frequently cause back and neck injuries and people hurt in crashes have the right to seek compensation for their harm from the parties that caused the accident via civil claims. A plaintiff must respect a defendant’s right to conduct discovery, though, which may include submitting to a medical examination.…
Many people have jobs that require them to operate motor vehicles. When people cause collisions while they are working, their employers may be deemed vicariously liable for any damages sustained. A plaintiff in a car crash case must prove liability to recover compensation, however, and if they cannot, their claims…
Horses are often thought of as gentle giants, and many people living in New York take pleasure in riding them. Even the most well-trained horses can be unpredictable, though, and there is an inherent risk in horseback riding. As such, a person that suffers harm while riding a horse may…