Archive for October 2019
What is the Locality Rule and Is It Used in New York Medical Malpractice Cases?
When determining the applicable standard of care in a medical malpractice case, there is a concept followed in New York known as the “locality rule.” This rule places an importance on taking into account the standards of care within the geographic community (locality), in which the defendant physician or hospital is providing treatment. Basically, a…Read More
What is the Standard of Care in a New York Medical Malpractice Case?
Healthcare providers and hospitals are trusted to safeguard the health of their patients. However, there are times when they fail to exercise the accepted standard level of care expected of them, resulting in serious and potentially fatal injuries. These injuries can be expensive and may impact a patient for the rest of their life. When…Read More
How Long Do You Have to File a Medical Malpractice Case in New York?
There is a time limit known as the “statute of limitations” for filing any type of medical malpractice case. In New York, patients injured by the improper or negligent treatment of a private healthcare professional or hospital have two and a half years to file a claim. Failing to do so within the allotted time…Read More
Certificate of Merit in a New York Medical Malpractice Case
In the state of New York, individuals pursuing a medical malpractice claim are required by law to have their attorneys file a certificate of merit with the original complaint. The purpose of the Statute, New York Civil Practice Law and Rules Section 3012-a, is to deter and quickly end non-meritorious claims against health care providers.…Read More
An Overview of the Cancer Look-Back Bill
A bill recently signed into law in New York has granted additional protections to retired firefighters who are diagnosed with cancer post-retirement. Here, the General Counsel to the Uniformed Firefighters Association discusses the implications of the bill and how it positively impacts members of the FDNY. The Bill Recognizes the Heightened Risk for Firefighters to…Read More