Typically, when a patient presents to a hospital with symptoms or complaints, he or she will consent to receive treatment from the attending physicians while retaining the right to leave if he or she chooses. In some instances, however, the hospital will take steps to admit a person without his…
In medical malpractice cases in New York, the plaintiff generally decides where the action will be heard, as the plaintiff is the party filing the lawsuit. A defendant has the right to seek a change of venue, however, if the County the plaintiff chose to file his or her lawsuit…
When a plaintiff harmed by medical negligence pursues claims for damages via a civil lawsuit, the plaintiff’s compliance with the laws of procedure is arguably almost as important as the merits of the plaintiff’s case. In other words, if a plaintiff fails to abide by the rules imposed by the…
In many instances in which a person harmed by negligent medical care pursues damages in a medical malpractice lawsuit, the defendant healthcare provider will attempt to refute liability by arguing that the person’s harm was not proximately caused by the defendant’s acts. In such cases, if the plaintiff does not…
It is not uncommon for a plaintiff in a medical malpractice case to pass away prior to the resolution of the case. A plaintiff’s claims are not extinguished merely because a plaintiff dies, however. Instead, the plaintiff’s estate generally has the right to pursue claims on behalf of the plaintiff’s…
It is not uncommon for a plaintiff harmed by negligent medical care to name multiple defendants or set forth more than one claim of medical malpractice. For example, a plaintiff may allege a defendant is liable for providing negligent care and for failing to obtain informed consent. Simply because a…
If a patient is harmed by incompetent medical care provided in a hospital, the patient may not only be able to pursue claims against the negligent medical provider, but he or she may also be able to pursue claims against the hospital as well. Whether a hospital can be held…
It is common for people experiencing acute or critical medical issues to visit a hospital for treatment. If the care provided in the hospital harms, rather than helps, a person, the person may seek damages against the care providers that provided the inadequate treatment. Additionally, in some cases, the injured…
One of the key elements in any medical malpractice case is proximate cause. In other words, the injured party must prove not only that the care provider deviated from the appropriate standard, but also that the deviation caused the injured party’s harm. Causation is often difficult to prove in medical…
When a person is harmed by negligent medical care, in many cases, there will be more than one party responsible for the harm. For example, a person who sustained injuries due to incompetent treatment in a hospital may be able to pursue claims against not only the treating physicians but…