People hospitalized with significant health concerns will often be discharged to skilled nursing facilities to recuperate until they are well enough to return home. Sadly, rather than getting well, some people suffer critical harm. Such injuries do not always mean that they are the victims of medical malpractice, though, as demonstrated in a recent New York case in which the court found that the plaintiff failed to demonstrate that a material issue of fact existed with regard to the defendants’ medical negligence. If you want to learn more about your options for seeking compensation against he ..read more

Medical malpractice cases are complicated, and most people harmed by medical incompetence who wish to pursue claims against their healthcare providers would benefit from the assistance of a skilled attorney. Regardless, for various reasons, some people choose to proceed pro se. Doing so frequently results in the dismissal of their claims. Recently, a New York court discussed the liberal interpretation standards applied to pro se complaints in a case where it ultimately dismissed the plaintiff’s medical malpractice claims. If you intend to pursue claims against your treatment providers, it is w ..read more

Doctors accused of medical malpractice will rarely admit fault. In fact, in many cases, they will move to dismiss the claims against them in their entirety. A plaintiff in a medical malpractice case can defeat such motions by demonstrating via expert evidence that a factual dispute exists as to whether the defendant caused the plaintiff’s harm. Courts do not always assess such evidence properly, however, and may unjustly dismiss a plaintiff’s claim regardless of the evidentiary support. As demonstrated in a recent New York case, though, such decisions may be reversible. If you were hurt by ina ..read more

People who witness others experiencing serious health issues will often call 911, after which an emergency response team will typically respond. Unfortunately, EMS teams are not always able to provide people in critical condition with the care that they need, and in some instances, people succumb to their illnesses. The evidence needed to establish an EMS team’s fault for a patient’s death depends, in part, on whether their actions constituted mere negligence or medical malpractice, as demonstrated in a recent New York opinion. If you or a loved one suffered harm due to the carelessness of an ..read more

Sadly, it is not uncommon for doctors and medical facilities to make mistakes when treating patients suffering from critical health concerns. Even if a provider makes a mistake, however, they will most likely not be deemed liable for medical malpractice unless their patient can establish that the error in question proximately caused them to suffer harm. This was demonstrated in a recent New York medical malpractice case in which the court dismissed the plaintiff’s claims against a medical facility. If you were injured by an improperly performed procedure, it is advisable to confer with a Syrac ..read more

People who rely on long-term facilities to look after their loved ones expect that they will be treated with competent care. Sadly, however, it is not uncommon for people in long-term care facilities to suffer fatal harm due to negligence and oversights. In such instances, their loved ones may have grounds for recovering damages via medical malpractice claims. Not all fatalities that occur in a long-term care facility are the result of incompetence, though, as demonstrated in a recent New York medical malpractice case in which the court dismissed the plaintiff’s claims. If you believe your lov ..read more

Many people living in residential facilities receive both medical care and assistance with general tasks of daily living, such as feeding and grooming. As such, if they suffer harm in such facilities, it can be challenging to determine whether negligence or medical malpractice is the root cause. As discussed in a recent New York opinion, it is important for anyone seeking damages to distinguish between the two to ensure their interests are protected. If you were harmed by a careless healthcare provider, it is smart to consult a Syracuse medical malpractice lawyer about your rights. Case Settin ..read more

In New York medical malpractice cases, the plaintiff typically must name the parties allegedly responsible for their losses and must assert all of their claims against them within the timeframe dictated by the applicable statute of limitations. There are exceptions to the rule, though, such as when the identity of the healthcare provider that caused the plaintiff’s harm is unknown. In such instances, the relation-back doctrine, which allows for an amendment of a complaint to identify the proper defendant, may apply. In a recent opinion, a court explained the relation-back doctrine in the conte ..read more

Typically, doctors perform surgical procedures in hospitals or other medical facilities. If a patient subsequently suffers harm due to complications during the procedure, the doctor may be liable for medical malpractice. Whether the facility where the procedure was performed bears responsibility as well depends on numerous factors, as discussed in a recent New York opinion issued in a medical malpractice case. If you were hurt by an improperly performed procedure and you have questions about your rights it is advisable to talk to a Syracuse medical malpractice lawyer. Factual and Procedural Hi ..read more

Incompetent medical care often causes significant injuries and, in some instances, can tragically lead to fatal harm. While the surviving family members can pursue claims against the responsible physicians, they must act promptly; otherwise, they may lose the right to recover damages, as illustrated in a recent New York opinion. If you lost a loved one due to negligent medical care, it is smart to meet with a Syracuse medical malpractice lawyer to discuss your rights. Case Background Allegedly, the plaintiff initiated legal action as the proposed administratrix of the estate of the decedent. H ..read more