212-LAWYERS or (212) 344-1000

Medical Malpractice Cap Voting in California Moved to 2022

Californians will have to wait until the end of the COVID-19 pandemic before they can vote for the increase in the medical malpractice cap of the state. Proponents for this initiative have announced that they have collected over 900,000 signatures that are enough for the change of the Medical Malpractice cap of California to be permitted to qualify for the November 2022 ballot.

Common Medical Errors in Medical Malpractice

When it comes to medical malpractice claims, the estimates of success rates vary, but it has been found that 20 percent to 30 percent of injured persons in these types of cases prevail. According to the highest estimates, a third of medical malpractice cases are decided in favor of the plaintiff, or the patient.

When does Medical Malpractice Turn into a Criminal Case?

In normal medical malpractice cases, the “guilt” of a medical practitioner is defended in court by an obvious argument that someone else in the same situation might also have done it. Thus most medical errors wind up in civil courts in the form of malpractice charges.

When not to file a Medical Malpractice Case in New York

Between 1999 and 2008, a high proportion of medical malpractice claims were filed in New York State. Court reports that in 2008 medical malpractice cases resulted in 7.4% of all tort cases, and 1.1% of all civil lawsuits filed in the state. As medical malpractice laws differ from state to state, it is important to understand the New York State laws pertaining to medical malpractice before filing a lawsuit.

Typical Insurance Coverage Provided to Medical Practitioners

If you have ever been involved in a medical malpractice case which hopefully you have not, then you know that you have had to deal with your healthcare provider’s insurer at some stage. On the other hand, if you happen to be a medical practitioner in New York, then you need to read on to know how proper insurance coverage can protect you against a possible malpractice lawsuit.

5 Tips for Avoiding Medical Malpractice Related to the Treatment of Your Child

Your child or children are most precious to you, and till they are 21, they depend on you for their healthcare (well, that could be until age 26 with the ACA but how much you can depend on the government is another story). So if you want to learn about some judicious ways to avoid bringing a medical malpractice suit against doctors in New York who treat your child, read on.

Proving Negligence in a Medical Malpractice Case

The licensed medical practitioners are expected to perform at a certain level of proficiency. If a certain doctor fails to perform the duties with the standard of care practiced in the medical world, then the patient is under an obligation to seek legal advice. In extreme cases, the patient has the full legal right to file for a medical malpractice case.