By Jason Grant | April 5, 2018
“A trial court has broad authority to control the courtroom," the panel wrote.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 2, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: A controversy has developed in recent years concerning the form of verdict sheets with regard to damages in wrongful death actions. Specifically, a question has arisen with respect to whether the verdict sheet should have specific interrogatories inquiring as to the wrongful death damages to be awarded to each of the decedent's distributees.
New York Law Journal | Analysis
By John L.A. Lyddane | March 16, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: The notice to admit will remain as a tool among others to be used in preparing the defense as cases approach resolution. The trial courts will be faced with issues resulting from its use, however infrequently.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | February 5, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: Effective Jan. 31, 2018, New York has adopted a discovery rule applicable to medical malpractice actions stemming from failures to timely diagnose cancer or a malignant tumor.
By Josefa Velasquez | January 29, 2018
Gov. Andrew Cuomo and legislative leaders have reached an agreement on a bill that extends the amount of time a patient has to file a medical malpractice lawsuit for a missed cancer diagnosis.
By Josefa Velasquez | January 18, 2018
State Sen. John DeFrancisco, R-Syracuse, told the New York Law Journal on Wednesday afternoon that negotiations on a bill that would extend the time misdiagnosed cancer patients have to sue doctors and hospitals for the error have not been progressing with Gov. Andrew Cuomo's office.
New York Law Journal | Analysis
By John L.A. Lyddane | January 12, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: The death of any party to a medical malpractice case during its pendency creates personal jurisdictional issues which require prompt attention in order to avoid the unnecessary expenditure of time and effort, or worse yet an unfortunate outcome.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | December 4, 2017
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: While recovery for negligent infliction of emotional distress is limited in New York, one area in which such claims have long been permitted involves the interference with the right to the body of a deceased loved one. This right, which exists at common law, is known as the right of sepulcher. A surprising number of actions have been brought against hospitals based upon violations of that right
New York Law Journal | Analysis
By John L.A. Lyddane and Barbara D. Goldberg | November 20, 2017
Medical Malpractice Defense columnists John L.A. Lyddane and Barbara D. Goldberg write: The importance of the defendants' physical examinations of the plaintiff claiming injury in a medical malpractice case should not be underestimated.
By David Klepper, Associated Press | November 15, 2017
Two couples that gave birth to children with a genetic defect later traced back to donated eggs are suing a New York fertility doctor and his clinic.
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