It is not uncommon for patients to suffer complications after surgical procedures, and in many instances, such complications are preventable and only arise due to the careless acts of one of the doctors involved in the surgery. The mere occurrence of an adverse event, however, does not necessarily indicate a…
The outcome of medical malpractice cases rests squarely on how the judge and jury view the evidence presented by the parties. Thus, while a plaintiff may believe her evidence to be compelling and sufficient to obtain a verdict in her favor, the outcome of the case may indicate otherwise. While…
In many lawsuits that arise out of car accidents, the defendants’ liability appears to be clear. Even in cases in which it is evident that a defendant’s negligence caused a car accident, however, he or she is generally not precluded from arguing that the plaintiff is partially at fault as…
In lawsuits arising out of car accidents, plaintiffs typically have to demonstrate not only that the defendant caused the collision but also that they suffered damages as a result of the crash. In some cases, though, defendants will not dispute liability but will argue that the plaintiffs did not suffer…
Many state-owned and operated facilities house individuals on a short-term or long-term basis. It is not uncommon for people confined in such facilities to require medical care, and if their requests are denied or the care is incompetently rendered, it can cause serious harm. As such, people injured by negligent…
Many people who require medical tests or procedures use insurance to pay for the services they receive. While insurance companies often conduct reviews to determine if care is necessary, they do not provide medical care. Thus, as discussed in a recent opinion issued in a New York case, they generally…
When catastrophic accidents cause multiple fatalities, it is not uncommon for surviving family members to seek to recover damages from the parties that caused or contributed to the accident. Simply showing that a tragedy occurred is not sufficient to establish fault, though. Instead, plaintiffs pursuing claims following deadly collisions must…
In many cases arising out of car accidents, the defendant will argue that the plaintiff was at fault for the collision and, therefore, should not be awarded damages. While comparative negligence is a valid defense and can diminish or preclude a plaintiff’s recovery of compensation, mere allegations that a plaintiff’s…
In medical malpractice matters, the evidentiary burden shifts between the parties. Specifically, the plaintiff must allege with particularity the manner in which the defendant departed from the standard of care, after which the burden is on the defendant to set forth an expert affidavit refuting each of the plaintiff’s allegations.…
While most medical malpractice cases arise out of the failure to provide patients with treatment that complies with the applicable standard, some allege that the defendant violated the duties owed to the plaintiff by failing to adequately explain the risks associated with a treatment prior to prescribing it to the…