Category Archives: Medical Malpractice
The Difference Between Wrongful Death and Survival Actions
Families that have lost loved ones due to the negligence or deliberate actions of others have two distinct legal remedies: wrongful death actions and survival actions. While they share some similarities, they serve different purposes and involve different types of recoverable damages. A wrongful death action is brought on behalf of certain surviving family members… Read More »
Spotting and Remediating Nursing Home Abuse and Neglect
Elders are making up a larger and larger percentage of the U.S. population, which in turn is increasing the need for nursing homes and assisted-living facilities. Unfortunately, patients and residents at these institutions are vulnerable to mistreatment by their caregivers through abuse or neglect. Abuse can take many forms, including physical, emotional, sexual, and financial… Read More »
Untreated Bed Sores Are a Sign of Nursing Home Abuse
It’s not always possible to care for our elderly relatives on our own. Nursing homes can provide a higher level of care—but nursing home abuse is rampant. Recognizing the signs of neglect and abuse, like untreated bed sores, will help you keep your loved one safe. What causes bed sores? Bed sores, also known as… Read More »
What Is a Certificate of Merit in a New York Medical Malpractice Action?
In most personal injury and wrongful death cases, allegations that the plaintiff makes in the Complaint do not need to be supported with evidence for months, or even years, depending on how the litigation process plays out. However, there is one significant exception to this standard. An attorney who files a medical malpractice lawsuit against… Read More »
What Standard of Care Exists in the Medical Field?
One of the most important elements of a medical malpractice claim is the plaintiff’s ability to prove the defendant (typically a doctor or hospital) failed to provide the “standard of care” expected out of a medical professional. But what exactly is the standard of care that exists in the medical field? Generally, the medical standard… Read More »
Spotting the Most Common Signs of Nursing Home Neglect
Nursing home abuse and neglect are unfortunately common issues at senior care facilities across the United States. If a loved one is living in a nursing home, it is important to do your due diligence in investigating the community before helping him or her move there. You should also watch for signs of nursing home… Read More »
Family Awarded $10 Million for Medical Malpractice After Patient Suicide
A jury in Staten Island has awarded $10 million to the plaintiffs in a medical malpractice case. The judgement goes to the family of a man who committed suicide six years ago after a physician allegedly failed to properly diagnose and treat his severe anxiety and depression. The patient was 48-year-old Richard Shouldis, who reported… Read More »
What are the Most Common Reasons for Medical Malpractice Lawsuits?
A 2017 analysis of data from the Centers for Disease Control and Prevention and a survey by Medscape revealed the most common causes of medical malpractice lawsuits in the United States. Here were the top five results: Failure to diagnose: Approximately 31 percent of doctors surveyed in the Medscape poll said a failure to diagnose… Read More »
New York’s Statute of Limitations for Medical Malpractice Claims
Any time you wish to file a personal injury claim, you must be sure your case falls within the statute of limitations. These limitations vary from state to state, and so it’s important to consult your attorney to make sure you’re eligible to file a claim. For medical malpractice in New York, you have two-and-a-half… Read More »