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Articles Posted in Medical Malpractice

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The Appellate Division considered whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. Estate of Zani v. New York City Health & Hosps. Corp., 103 A.D.3d 590 (1st Dep’t 2013)

In Estate of Zani v. New York City Health & Hosps. Corp., the New York Appellate Division addressed the issue of whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. The case is significant because it clarifies the extent…

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Court Discusses the Importance of Informed Consent and Apparent Authority. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)

Informed consent and apparent authority are two important legal concepts that are relevant in the healthcare industry. Informed consent refers to the right of patients to receive adequate information about their medical treatment options and to make informed decisions about their care. Apparent authority, on the other hand, refers to…

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Court considered the question of whether a physician breached his duty of care leading to the patient’s death. Estate of Thomas Brown v. St. Francis Hosp., 972 F.3d 789 (7th Cir. 2019)

Medical malpractice is a serious issue that can have devastating consequences for patients and their families. In the case of Estate of Thomas Brown v. St. Francis Hosp., the plaintiff alleged that a hospital’s negligence resulted in the wrongful death of their loved one. This case highlights the importance of…

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Court considered whether a nursing home breached its duty of care by failing to provide proper supervision. Wachter v. State of New York, 802 N.Y.S.2d 74 (N.Y. Ct. Cl. 2005)

Wachter v. State of New York is an example of medical malpractice that occurred in a nursing home setting. It highlights the importance of proper supervision and care in nursing homes. The case was brought by the family of an elderly woman who suffered severe injuries while residing in a…

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Court reviewed the requirement of informed consent in medical treatment. Sikorski v. North Shore-LIJ Health Sys., 2015 N.Y. App. Div. LEXIS 4153 (N.Y. App. Div. 2015)

Sikorski v. North Shore-LIJ Health Sys. highlights the importance of informed consent in medical treatment. The case involved a patient who underwent a medical procedure without being properly informed of the risks and potential complications. The case highlights the principle that healthcare providers have a duty to obtain informed consent…

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Appellate court concluded that the plaintiff established a prima facie case of medical malpractice. Pakenham v. New York City Health & Hosp. Corp., 2010 N.Y. App. Div. LEXIS 1847 (N.Y. App. Div. 2010)

In Pakenham v. New York City Health & Hosp. Corp. the plaintiff sued the hospital and the physician for medical malpractice, alleging that the defendants failed to properly diagnose and treat her condition, leading to serious injuries. The case highlights the principle of res ipsa loquitur in medical malpractice cases…

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Court examined the doctrine of vicarious liability for a hospital. Perez v. St. Clare’s Hosp., 2002 N.Y. App. Div. LEXIS 11749 (N.Y. App. Div. 2002)

Vicarious liability for a hospital is a legal principle that holds a hospital responsible for the negligent acts of its employees, particularly physicians and other medical professionals who are providing care to patients. When a hospital employee, such as a physician, causes harm to a patient through negligence or malpractice,…

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Court considered whether a health care facility failed to provide reasonable care to one of its residents. Gadaleta v. Kissing Camels Home Health Care, Inc., 173 A.D.3d 1467 (App. Div. 2d Dept. 2019)

Nursing homes are designed to provide a safe and supportive environment for elderly and vulnerable individuals who require medical care and assistance with daily living activities. Unfortunately, nursing home injuries and abuse are a growing concern in New York and across the United States. These injuries can be caused by…

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Court found that medical professionals failed to diagnose breast cancer in a timely fashion. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)

Johnson v. New York Methodist Hospital involved a medical malpractice claim against New York Methodist Hospital and several of its doctors. The plaintiff, Darilyn Johnson, alleged that the defendants failed to diagnose and treat her breast cancer in a timely manner, causing her cancer to metastasize and become more difficult…

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In a medical malpractice case, the Court discussed the standard for determining a doctor’s standard of care. O’Connor v. Grace Hospital, 283 N.E.2d 540 (N.Y. 1972)

O’Connor v. Grace Hospital was a landmark case in medical malpractice law that shaped the legal standards for establishing a doctor’s duty of care and the scope of that duty. The case involved the plaintiff, Mrs. O’Connor, who was suffering from severe abdominal pain and was admitted to Grace Hospital…

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