In New York, EMTs providing ambulance services constitutes healthcare. As such, if they render their services improperly, they can be liable for medical malpractice. Not all duties performed by EMTs require an analysis of the standard of care imposed on health professionals, however, as some errors merely constitute negligence. In…
Collisions involving bicyclists often cause catastrophic harm. In many cases arising out of bike accidents, defendants will often try to avoid liability by assigning fault to the plaintiff. Unless the evidence clearly demonstrates that a defendant bears no fault, however, the court will not rule in their favor as a…
Medical malpractice cases often hinge on the qualifications of expert witnesses and the interpretation of applicable standards of care. As such, the disqualification of a party’s expert witness can be devastating to their case. Recently, a New York court discussed expert qualifications in a medical malpractice case in which it…
Motorists approaching intersections generally must check for oncoming traffic before proceeding. If an obstruction inhibits their vision, though, they may not be able to ensure that the way is clear. For example, if a property owner allows bushes or trees that grow adjacent to the intersection to become overgrown, they…
There are nearly 600 infant deaths for every 100,000 live births. While some of these deaths are the result of chromosomal abnormalities and congenital malformations, the majority are the result of medical malpractice. Birth injury affects 6 to 8 out of every 1,000 infants born in the United States, which…
Cardiomyopathy is a heart muscle disease. A defect causes the heart muscle to become weakened, swollen, or lopsided, making it difficult for the heart to pump blood. Cardiomyopathy affects infants eight times more than any other demographic. Cardiomyopathy, like myocarditis, can lead to congestive heart failure, which is caused by…
Magnetic resonance imaging (MRI) is a medical imaging test that uses magnetic pulses in conjunction with radio wave energy to view internal organs and other areas of the body. An MRI is a specialized piece of equipment with unique requirements. The MRI is not the same as a CT scan.…
For parents, the worries associated with impending parenthood begin long before their child is born. Unfortunately, birth injuries can occur at any time during pregnancy, labor, and delivery, or the postnatal period. One of the most serious birth injuries is hypoxic-ischemic encephalopathy (HIE). Hypoxic-ischemic encephalopathy (HIE) is a type of…
Gastroparesis, also known as delayed gastric emptying, is a condition in which the stomach takes an abnormally long time to empty its contents. The stomach normally contracts to move food down into the small intestine for digestion. The vagus nerve regulates the passage of food from the stomach to the…
If a person has a medical problem that necessitates medical attention or is simply going in for their annual check-up, anything they discuss with their doctor is kept between them and the healthcare provider. The physician is legally obligated to uphold a doctor-patient confidentiality agreement, which is based on the…