Generally, a physician must conduct a thorough and complete examination of a patient in order to provide the patient with an accurate diagnosis and recommend the appropriate treatment. Whether an examination was sufficient is generally a fact-specific question and varies from case to case. Recently, though, a New York court…
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…
It is the well-established law in New York that a plaintiff only gets one bite of the theoretical apple. In other words, a plaintiff cannot seek the same damages or litigate the same claims multiple times. Not only does this prevent a plaintiff from seeking to relitigate claims following a…
In a medical malpractice case, whether the plaintiff’s claims are ultimately successful depends on numerous factors, including whether the plaintiff complies with the rules of procedure. In other words, even if a plaintiff has a meritorious claim, if he or she does not move his or her case along in…
Medical malpractice cases are typically complex, and the issue of whether a health care practitioner departed from the accepted standard of care typically fall outside of the understanding of the average person. Thus, in most medical malpractice lawsuits, the plaintiff will have to rely on expert testimony to establish liability.…
In many medical malpractice cases, after discovery is complete, the defendant will file a motion for summary judgment asking the court to dismiss the plaintiff’s claims. In any case in which a defendant files a motion for summary judgment, it is critical for the plaintiff to respond to the motion…
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 any New York medical malpractice case, the plaintiff must not only show that the defendant health care provider failed to provide care that met the applicable standard, but also that the failure caused the plaintiff’s harm, which generally requires expert testimony. Thus, in most cases, whether a plaintiff’s claims…
While the jury system is an essential part of jurisprudence in our country, it is not perfect, and juries do not always rule properly. Thus, a party that believes a jury verdict is improper can either seek a new trial or a new verdict. Recently, in a gynecologic malpractice case,…
When a patient who suffers harm due to incompetent medical care wishes to pursue damages in a civil lawsuit, it is essential that the patient file the lawsuit within the time constraints set forth under the law. Additionally, as demonstrated in a recent New York appellate orthopedic malpractice case, a…