New York Doctors Granted Immunity from Medical Malpractice Lawsuits for Treatment Related to Coronavirus (COVID-19)
The Coronavirus (COVID-19) pandemic has proven so far to be among the most difficult periods in the history of the United States, and New York State has certainly not been spared. While the pandemic has rattled the psyches of people around the world, and done catastrophic damage to the world economy the full extent of […]
What is the “Collateral Source Rule” and How Does it Affect My Personal Injury Case?
In New York personal injury and medical malpractice litigation, injured victims are entitled to ask a jury to award various items of damages (i.e., compensation), including, but not limited to, pain and suffering, lost wages and employment benefits, and medical expenses. A jury may award compensation for “past” and “future” losses; the “past” losses are […]
The Jury Verdict in My Personal Injury Trial was in My Favor. Why Have the Defendants Not Paid Yet?
Imagine the following scenario, which is quite common in Bronx personal injury lawsuits: After years of litigation, your personal injury case finally comes up for trial; and after a month-long trial, the jury awards you a substantial amount of money as compensation for your injuries. However, several months have passed, and your personal injury attorney […]
Justice Denied: President Trump’s Immigration Policies Effectively Close the Courthouse Doors to Immigrants
Whatever you think about President Trump, it is undeniable that he has kept his campaign promise to stringently – and, in many cases, cruelly – enforce the immigration laws of the United States of America. Though he has not successfully put forth any significant immigration legislation in Congress, he has stepped up – to a […]
The Benefits of Medicaid Expansion Under Obamacare to New York Personal Injury Plaintiffs
Among the hallmarks of President Barack Obama’s signature piece of healthcare legislation – known officially as The Affordable Care Act, but most-commonly referred to as “Obamacare” – was its expansion of Medicaid benefits to more Americans. By way of background, Medicaid is a program run by the several States which is designed to provide medical […]
I’ve Won my Personal Injury Trial. Is My Case Over? Do the Defendants Have to Pay?
According to just about every television show or Hollywood movie ever made about a legal case of any kind (including personal injury cases), once a jury returns a verdict in favor of one party or another, the case is over. Many a famed courtroom drama has ended just after the jury delivers its verdict, with […]
The Value of Life Care Plans to Proving Damages in Personal Injury and Medical Malpractice Cases
Ultimately, the goal of most every personal injury and medical malpractice case is to obtain compensation for a person who has been injured. New York law recognizes several categories of damages in these cases, which include, but are not limited to, pain and suffering, lost earnings and earnings capacity, and medical expenses. In personal injury […]
Informed Consent Claims in New York Medical Malpractice Cases: The Basics of a Claim
The relationship between physician and patient is a partnership when it is functioning properly. This is a partnership in which trust is a foundational and indispensable component. When a patient seeks medical care and treatment from a doctor, the patient is entitled to trust that the doctor is providing full disclosure, informing the patient of […]
The Burden of Proof: What Is it? How Does It Affect My Personal Injury or Medical Malpractice Lawsuit?
When a victim of negligence – whether due to a serious personal injury accident or medical malpractice – brings a lawsuit seeking compensation from those who caused him or her grievous harm, the victim (known as the “plaintiff” in the parlance of the courts) is obligated to prove that the negligence of each defendant was […]
How Much Can My Medical Malpractice Lawyer Charge Me to Litigate My Case in New York?
The State of New York is among the states with the highest incidence of medical malpractice litigation throughout the United States. With respect to legal fees, nearly every New York medical malpractice attorney (as do most medical malpractice lawyers around the country) charges a type of fee known as a “contingency” fee, the amount of […]
