New York Law Journal | Analysis
By Alan W. Clark | June 29, 2022
It is readily apparent that proving bad faith against an insurer for failure to settle within the policy limits is very difficult, especially in medical malpractice cases where there are usually opposing experts for each side raising questions about the defendant's liability.
New York Law Journal | Analysis
By Jeff S. Korek and Abe Melamed | June 8, 2022
As it stands today, and as it is unlikely to change without an act of the state legislature, a plaintiff who is the victim of blatant medical malpractice but does not become aware of it until after two-and-a-half years from the initial treatment date, will not have any recourse if the condition is not either cancer or a malignant tumor.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 6, 2022
A person's right to decide to forgo life-sustaining treatment is recognized in this state, but whether a violation of that right gives rise to liability in tort has somehow been called into question.
New York Law Journal | Analysis
By John L.A. Lyddane | May 16, 2022
In his Medical Malpractice column, John Lyddane uses extensive case law to discuss how the Bill of Particulars serves as a valuable guide to avoid prejudice when, for example, new claims and theories of recovery are brought up once a medical malpractice case goes to trial. "When the court is called upon to resolve disputes over the appropriate bounds of discovery, it necessarily examines the Bill of Particulars and the parameters of the claim."
By Jane Wester | April 20, 2022
Attorneys representing the medical professionals named as policyholders on the insurance policies argued that the money should go to their clients.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | April 13, 2022
If a doctor prescribing controlled substances believes, mistakenly, that he or she is acting within the usual course of professional practice, that sounds like medical malpractice, but is it also a felony?
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 4, 2022
The rule prohibiting hindsight in medical malpractice actions is often the subject of misapplication and misuse. In their Medical Malpractice column, Thomas Moore and Matthew Gaier clear things up by distinguishing the type of subsequent evidence that is prohibited as impermissible hindsight from admissible deductions based on circumstantial evidence.
By ALM Staff | March 22, 2022
The ruling from a Bronx Supreme Court judge and a summary by the Law Journal's decisions editors can be found here.
New York Law Journal | Analysis
By John L.A. Lyddane | March 14, 2022
The realities of discovery in complex cases create situations in which access to vital information is foreclosed simply because there is insufficient data to allow for an evidence-based decision.
By Jason Grant | March 10, 2022
In a suit filed by lung-cancer patient Geraldine Ford against her former radiologist, the Appellate Division, First Department tossed out her malpractice and lack-of-informed-consent action, which has medical facts underlying it that in certain respects are similar to those in Lavern Wilkinson's matter. The law was named after Wilkinson, who died in 2013.
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