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Articles Posted in Medical Malpractice

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New York Court Dicusses Expert Testimony in Medical Malpractice Cases

When patients receive test results from their medical providers, they rely on clear communication to determine whether follow-up care is necessary. A recent New York decision examines how unclear voicemail communication, missing evidence, and disputed expert testimony shaped a jury’s verdict in a medical malpractice case involving an allegedly melanoma…

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New York Court Discusses Discovery Permitted in Medical Malpractice Cases

Patients trust medical facilities to follow accepted standards of care, maintain appropriate staffing levels, and protect them from avoidable harm during hospitalization. When that trust is breached, the resulting injuries can be substantial. A recent decision from a New York court sheds light on the types of discovery a plaintiff…

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New York Court Court Denies Summary Judgment in a Surgical Error Case

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…

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New York Court Discusses Expert Testimony in Medical Malpractice Cases

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…

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New York Court Examines Medical Malpractice Claims Arising Out of Fertility Treatment

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…

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New York Court Discusses Res Judicata in Medical Malpractice Cases

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,…

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New York Court Discusses Evidence Establishing a Lack of Informed Consent Claim

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…

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New York Court Examines Factual Disputes in Delayed Diagnoses Cases

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…

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New York Court Analyzes Conflicting Testimony in Surgical Error Case

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…

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New York Court Discusses Expert Testimony in Birth Injury Case

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…

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