In Powell v. Oudkerk, 2025 NY Slip Op 02233, the Appellate Division, Second Department, addressed a medical malpractice and wrongful death case involving the death of a woman following her discharge from Brookdale Hospital Medical Center. Background Facts On September 4, 2017, the plaintiff’s decedent was struck by a vehicle…
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…
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…
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…