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…
When patients suffer severe health complications in a hospital setting, questions often arise as to whether those complications could have been prevented through timely and appropriate medical intervention. While healthcare providers often move for dismissal of claims arising from such complications, if factual disputes remain about the standard of care…
In medical malpractice litigation, plaintiffs must not only allege that healthcare providers deviated from accepted standards of care; they must also demonstrate that such deviations directly caused the harm in question. This causation requirement often proves challenging, particularly in complex obstetric cases. A recent New York decision highlights this standard,…
Medical malpractice claims against public hospitals in New York must follow strict procedural requirements, including the timely filing of a notice of claim. When a patient dies after allegedly receiving substandard medical care, surviving family members may seek permission to file a late notice, but that request must satisfy well-defined…
In the aftermath of the COVID-19 pandemic, many hospitals and healthcare providers sought legal immunity under emergency protection laws enacted during the public health crisis. However, courts continue to scrutinize whether the alleged negligent conduct actually resulted from or was impacted by pandemic-related conditions. A recent New York decision illustrates…
In medical malpractice lawsuits, plaintiffs often rely on direct evidence of a healthcare provider’s actions or inactions when seeking compensation for injuries. But in cases with no clear records or witnesses to a critical moment in a patient’s care, the courts may turn to evidence of a provider’s established routine…
When patients transition from hospitals to nursing homes or rehabilitation centers, they often do so under vulnerable and stressful circumstances. Amid medical concerns and logistical arrangements, critical documents, such as admission agreements, are sometimes signed without fully understanding their legal implications. A recent New York case illustrates how disputes over…