Medical malpractice claims can result in multi-million dollar verdicts when juries find healthcare providers significantly deviated from accepted medical standards, leading to severe patient harm. These substantial awards often compensate for pain, suffering, and life-altering injuries. However, due to the large sums awarded, such verdicts frequently face appeals by defendants…
Falls are problem in nursing homes, often stemming from negligence in care practices. Many residents are vulnerable due to age-related frailty or medical conditions that impair mobility and balance. Proper safety measures, such as adequate staffing, regular monitoring, and personalized care plans, are crucial to prevent falls. Negligence occurs when…
In a medical malpractice case resulting from cosmetic surgery, the plaintiff claims that her doctor deviated from accepted medical practice and as a result, she suffered a serious injury. Background Facts On March 24, 2015, Dr. Reed performed several cosmetic procedures on the plaintiff. These included breast augmentation, fat injections…
This medical malpractice cased involved a patient with a difficult pregnancy and childbirth that resulted in a birth injury to the child. The court was tasked to determine whether the child’s injuries were due to mistakes made by the hospital, the doctors involved, or both. Background Facts Ms. Youssef arrived…
Medical malpractice cases involve complex legal and medical issues. In A.M. v. N.Y.C. Health & Hosps. Corp. 212 A.D.3d 449 (N.Y. App. Div. 2023), the Supreme Court of Bronx County considered a case involving birth injuries, specifically Erbs Palsy. Erb’s palsy, also known as Erb-Duchenne palsy, is a condition that…
In Lee v Westchester County Health Care Corp. 2023 NY Slip Op 04762, the central issue was whether the medical staff deviated from accepted medical practices, leading to severe injuries for the plaintiff. Deviating from accepted medical practices means that a healthcare provider did not follow the standard procedures and…
Raefski v. Hirsch, 2020 N.Y. Slip Op. 30970 (N.Y. Sup. Ct. 2020) is a medical malpractice case that with allegations of failing to follow accepted medical practice and failing to get informed consent. Failing to follow accepted medical practice means a healthcare provider did not adhere to the standard procedures…
In a case involving medical malpractice, conversion, and fraud, David Greuner filed a motion for summary judgment under CPLR 3212. Greuner argued that the plaintiff, Maria Liberatore, lacked standing because her claims were assets of her Chapter 7 Bankruptcy trustee. He also contended that her medical malpractice and conversion claims…
Rabinovich v. Maimonides Med. Ctr., 179 A.D.3d 88 (N.Y. App. Div. 2019) involves the distinction between ordinary negligence and medical malpractice. The determination impacts requirements related to CPLR 3012-a, which requires a certificate of merit in medical malpractice actions. Background Facts On August 13, 2015, the plaintiff donated blood at…
In a medical malpractice case where the patient dies, both wrongful death and conscious pain and suffering claims are relevant and often pursued simultaneously. The wrongful death claim addresses the long-term impact on the surviving family members, providing them with financial compensation for their loss. Meanwhile, the conscious pain and…