New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | July 31, 2023
In personal injury and medical malpractice actions in which plaintiffs have alleged they sustained injuries that have impaired their abilities to engage in their normal activities, it is not uncommon for the defendants to hire investigators to surveille and make video recordings of the plaintiff that may appear to refute, or confirm, the nature and degree of the impairment.
By ALM Staff | July 25, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By John L.A. Lyddane | July 17, 2023
There are instances in which the participants in those medical procedures know what happened even if they do not specifically recall it. Courts and counsel need to be prepared to identify those instances when testimony on custom and habit is admissible and who can provide it.
By ALM Staff | July 3, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 5, 2023
Although it is a fairly simple procedure, it has occasionally necessitated litigation over the impact of a failure to so certify, as well as the nature of the certification required in certain types of cases. Thirty-seven years after the passage of this requirement, the courts continue to grapple with these questions.
New York Law Journal | Analysis
By John L.A. Lyddane | May 17, 2023
The statute provides that unless the patient waives the privilege, the provider shall not be allowed to disclose any information acquired in attending to a patient in a professional capacity, which was necessary to enable the practitioner to act in that capacity.
By Emily Saul | April 25, 2023
The veteran litigator uncovered key facts about their client's back surgery that led to a resolution with New York Presbyterian Hospital less than 24 hours before opening statements were scheduled to begin.
By Jason Grant | April 12, 2023
The lawyer also faces a separate complaint lodged with a grievance committee by a client who claimed the attorney didn't contact him from 2016 to the time of the grievance complaint in June 2021, and that he discovered, via assistance of a different lawyer, that a personal-injury suit brought on his behalf was dismissed in 2019.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 4, 2023
In their last Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several court decisions related to immunity temporarily given to health care professionals and facilities during the COVID-19 pandemic.
New York Law Journal | Analysis
By John L.A. Lyddane | March 20, 2023
In this edition of his Medical Malpractice column, John Lyddane discusses issues relating to the identity of distributees addressed for the first time on post-trial motion and appeal.
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