Category Archives: Medical Malpractice & Errors

Patients have a general right to make their own medical decisions. As modern medicine is more complicated than ever, doctors and health providers have a proactive responsibility to ensure that patients are reasonably informed about the risks and benefits of proposed treatment plans. This is known as the principle of “informed consent.”  As defined by …

Continue reading “What Are The Elements Of An Informed Consent?”

Modern medicine is complicated. Patients have a general legal right to make decisions regarding their own treatment. Under the theory of informed consent, doctors and other medical professionals should explain the purpose and risk of a particular course of treatment before the patient agrees to it. In some cases, a patient may even be asked …

Continue reading “Does Consent Waive The Right To Sue For Medical Malpractice?”

When you receive care from a physician, hospital, or other medical provider, you reasonably expect that you will get high-quality care. Unfortunately, in far too many cases, patients are harmed by substandard care. This raises an important question: How common is medical malpractice? Here, our Albany medical malpractice attorneys provide an overview of medical malpractice …

Continue reading “How Common Is Medical Malpractice?”

When you get treatment from a doctor, you expect high-quality care. Sadly, this does not always happen. Medical malpractice remains a very serious public health issue in New York. To bring a successful medical malpractice lawsuit in New York, a patient must prove that they suffered harm because their doctor or health care provider was …

Continue reading “How Is ‘Standard Of Care’ Determined?”

Physicians, hospitals, and other health providers have a legal responsibility to treat every patient with reasonable skill, prudence, and professional care. The failure to do so could be medical malpractice—and it can lead to very serious injuries, illnesses, and medical complications. If you or your loved one was the victim of medical negligence, you may …

Continue reading “Do Most Medical Malpractice Cases Go To Trial?”

Unfortunately, medical malpractice remains a serious public safety problem in New York and throughout the entire country. Shockingly, a 2018 study found that medical errors are the third leading cause of death in the United States.  That being said, an adverse medical outcome is not necessarily malpractice under New York state law. A doctor, nurse, …

Continue reading “What Questions Do I Need To Answer In Order To Decide If I Have A Medical Malpractice Case?”

The pandemic has hit our communities hard. According to the New York Department of Health, nearly 2.1 million cases of the virus have been confirmed in our state since the start of the outbreak. The good news is that vaccines are arriving. The official New York COVID-19 vaccine tracker estimates that 42.9 percent of state …

Continue reading “Medical Malpractice During COVID-19 Pandemic: What Happens?”

A medical malpractice cap is a state law which puts a limit on the amount of money that patients can recover in a medical malpractice lawsuit. Most often, these caps apply to non-economic damages, such as pain and suffering and emotional distress. Though, every state is different. The majority of U.S. states have statutory caps …

Continue reading “Do Medical Malpractice Claims Have Caps or Limits?”

If you suffered a serious injury as a result of a healthcare provider’s negligence, you might be thinking about your options for seeking compensation and you may be considering a medical malpractice lawsuit. Yet if you have never filed a medical malpractice lawsuit or been involved in a case in the past, it can be …

Continue reading “How Hard Is It to Win a Medical Malpractice Suit?”