New York Law Journal | Analysis
By Alan W. Clark | November 4, 2022
The distinction between medical malpractice and negligence is a subtle one, for medical malpractice is but a species of negligence and no rigid analytical line separates the two. This article will discuss the factors and principles used by the appellate courts in making this distinction.
By Jason Grant | November 1, 2022
The study showed an extremely wide variance among the states regarding the total costs of the lawsuits to the healthcare industry. New York, while having the most suits, ranked only 40th in resulting costs.
By Andrew Denney | October 24, 2022
The verdict was more than $40 million over what the plaintiff asked for.
By Jason Grant | October 18, 2022
"Although strong public policy supports resolving cases on the merits, here, plaintiffs had more than enough time to secure an expert witness for trial," wrote the Appellate Division, First Department court.
By Andrew Denney | October 3, 2022
Michael Cox claimed that Dr. Dean Lorich, who operated on his ankle at New York-Presbyterian Weill Cornell Medical Center's Hospital for Special Surgery, cleared Cox to return to full training after failing to properly handle the injury to his cartilage.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | October 3, 2022
As demonstrated by recent cases, the law pertaining to 'Arons' authorizations is fairly well developed at this point.
New York Law Journal | Analysis
By John L.A. Lyddane | September 16, 2022
The trial and appellate courts recognize that the causation element is vital to the plaintiff's prima facie case, and that without both factual and expert support for the causal link, there is no issue of fact for the jury. The court will rule on the issue as a matter of law, but it is incumbent upon defense counsel to identify the causation defenses and develop them to provide a basis for their determination as a matter of law.
By Jason Grant | August 11, 2022
A state appeals court has reversed a Brooklyn Supreme Court's dismissal of a medical malpractice lawsuit against Mount Sinai Hospital, ruling that the trial court "inappropriately relied upon the plaintiff's general delay in prosecuting the action" and that dismissing the suit amounted to as "drastic remedy" only deserved where there 's a clear failure to comply with discovery demands.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 1, 2022
This column discusses the Dead Man's Statute and decisional law addressing its potential application in both circumstances.
New York Law Journal | Analysis
By John L.A. Lyddane | July 15, 2022
In his Medical Malpractice column, John L.A. Lyddane reviews case law relating to how the courts have treated non-physician witnesses in the past in order to predict how a proposed expert will be received. How will the court exercise its discretion on the scope of the admissible testimony?
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