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Articles Posted in Pediatric Malpractice

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New York Court Affirms Dismissal of Pediatric Malpractice Case

Many children suffer from asthma, and while it is generally a manageable condition, it can lead to acute medical events that require immediate treatment. If a paramedic fails to properly provide emergency care to a child having an asthma attack, it can have tragic consequences. Incompetent care does not always…

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New York Court Dismisses a Medical Malpractice Claim Due to Plaintiff’s Failure to Show a Breach of the Standard of Care

In many instances, a doctor’s failure to conduct the tests needed to provide a patient with an accurate diagnosis constitutes medical malpractice. In some cases, however, even if a doctor’s diagnosis is delayed, the doctor may not be held liable for any harm suffered by the patient if the applicable…

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New York Court Discusses Sufficiency of Expert Affirmations In Medical Malpractice Cases

In most medical malpractice cases, the parties will produce expert affirmations in support of their claims or defenses. It is not sufficient to merely produce an expert affirmation, however. Rather, the affirmation’s weight and credibility will be assessed by whether it meets certain requirements. This was demonstrated in a recent…

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Dismissal of Plaintiff’s Claims Highlights Importance of Expert Affidavits in New York Medical Malpractice Cases

A delayed diagnosis can cause irreparable harm, but proving a delay in providing an accurate diagnosis caused a person’s damages can be challenging and will typically require the testimony of one or more experts.  The pitfalls of failing to obtain a qualified expert were recently demonstrated in a pediatric malpractice case, in…

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