Patients place immense trust in their surgeons to perform operations safely and to promptly identify complications when they arise. When this trust is breached, the resulting harm can be catastrophic. A recent decision from a New York court demonstrates that where qualified medical experts disagree over whether a surgeon’s actions…
Patients trust their surgeons to perform procedures with precision and to recognize any complications that arise afterward. When that trust is broken, the results can be devastating. A recent decision from a New York court highlights how disputes over expert testimony and surgical standards often determine whether a malpractice case…
Patients who undergo fertility treatment place tremendous trust in their providers to safeguard their reproductive material. When mistakes occur in the storage or handling of such material, the consequences can be profound, leaving patients not only without the opportunity to conceive but also with complex legal battles. A recent decision…
Patients place enormous trust in hospitals and physicians to provide safe, attentive, and competent care. When mistakes occur, the consequences can be devastating for families, and legal action may be the only way to seek accountability. Yet, even strong claims can be lost when procedural hurdles, such as prior dismissals,…
Patients place great trust in their doctors to provide them with the information necessary to make sound decisions about medical treatment. When physicians fail to disclose material risks or alternatives, it can lead to unexpected harm and may give rise to an informed consent claim. A recent decision from a…
Timely and accurate diagnoses are critical to patient health and recovery. In other words, when physicians fail to identify fractures or other conditions on imaging studies, patients may suffer delayed treatment, avoidable complications, and long-term harm, which may be grounds for pursuing medical malpractice claims. Demonstrating liability for a delayed…
While most surgical procedures come with some degree of risk, certain complications are almost always the result of carelessness. The distinction between an unfortunate outcome and medical negligence can be difficult to determine, though, especially in cases involving complex surgical histories and multiple comorbidities. A recent ruling issued by a…
When medical errors occur during labor and delivery, the consequences can be life-altering; not just for the newborn, but for the entire family. Recovering compensation can be challenging, though, as claims involving birth-related injuries often hinge on expert medical testimony. A recent decision from a New York court offers insight…
Timeliness is a critical factor in bringing a medical malpractice claim against a public hospital in New York. Under the General Municipal Law, plaintiffs must file a notice of claim within 90 days of the alleged malpractice. However, courts may permit a late filing if specific conditions are met. A…
Medical malpractice cases in New York are often won or lost on the strength of expert testimony. A recent New York ruling in which the court affirmed the dismissal of a malpractice and lack of informed consent case after the plaintiff failed to raise a triable issue of fact in…