Under New York law, drivers have a duty to be on the lookout for pedestrians. It is unfortunately not uncommon for a motorist to carelessly fail to uphold this duty and strike a pedestrian, however. Drivers that negligently collide with pedestrians can be held civilly liable, but they will often…
People aggrieved by incompetent medical care have the right to pursue medical malpractice claims against their providers. Broadly speaking, they have the right to choose where to file such claims. There are limitations to the general rule, however, and if a court determines it lacks jurisdiction over a medical malpractice…
Mental healthcare professionals that treat patients for depression and suicidal ideation will often correspond with other healthcare providers that treat their patients. The failure to engage in such communications does not necessarily constitute malpractice if a patient subsequently dies by suicide, however. This was demonstrated in a recent New York…
People that live with mental illness sadly often harbor ideations of self-harm. If a mental health provider treating a patient with depression or anxiety fails to prevent their death by suicide, the patient’s family members can pursue medical malpractice claims against the provider. In order to institute a medical malpractice…
People hurt in motor vehicle collisions will often seek compensation for their harm via personal injury claims. Such claims must be pursued in a timely manner, though; otherwise, they will likely be dismissed, as discussed recently in an opinion delivered in a New York case. If you suffered harm due…
Medical records are a critical component of establishing liability in medical malpractice cases. As such, if a hospital named as a defendant in a medical malpractice case fails to retain records regarding a plaintiff’s treatment, it may be sanctioned by the court. Generally, though, the court will not impose the…
New York law dictates that people who want to pursue medical malpractice claims against their healthcare providers must do so within a specified timeframe. In addition to complying with the statute of limitations for medical malpractice claims, parties seeking compensation from a public entity must abide by the notice requirements…
Generally, a plaintiff seeking damages in a lawsuit arising out of a motor vehicle collision must demonstrate the defendant’s negligence in order to prevail. In some instances, though, other standards of care will apply. For example, a defendant that causes a crash while operating an authorized emergency vehicle will only…
In New York medical malpractice cases, which party prevails depends in large part on who offers more compelling expert testimony. Thus, it is not uncommon for one party to try to prevent the other from presenting an expert at trial. It is within the trial court’s discretion as to whether…
Under New York law, establishing liability in a medical malpractice case requires a plaintiff to establish that the defendant departed from the applicable standard of care and that such a departure caused the plaintiff harm. If the plaintiff is unable to offer evidence sufficient to meet their burden, their claims…