Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Alan W. Clark | February 18, 2022
Recent appellate division decisions have made it abundantly clear that the medical malpractice doctrine of lost chance of a better outcome is an accepted basis for recovery of substantial damages.
By Jason Grant | February 3, 2022
The woman, who intended to sue the city's public health system over a transected nerve, "failed to establish a reasonable excuse for her 10-month delay in filing a late notice" when she asserted that she didn't know her forearm's nerve was severed until she discovered it at separate, private hospital.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | January 31, 2022
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
New York Law Journal | Analysis
By John L.A. Lyddane | January 14, 2022
The Second Department recently decided 'Siegel v. Snyder', which broadly expands discovery of quality assurance documents and statements despite the clear statutory prohibitions. Before this error is corrected by the legislature or the Court of Appeals, it should be expected that there will be considerable activity in this area of discovery for pending malpractice cases.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | December 6, 2021
A circumstance sometimes arises in medical malpractice actions where venue is decided based upon a physician's principal office. A recent decision by the Court of Appeals addressing that circumstance provides the opportunity for authors Thomas Moore and Matthew Gaier to examine the venue rules as they apply in malpractice actions.
New York Law Journal | Analysis
By John L.A. Lyddane | November 15, 2021
The single point of agreement seems to be that the policy considerations articulated by the court, before and after codification in CPLR §214-a, have remained the same since the court first spoke to the issue in 1962.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | October 4, 2021
Medical records that used to be recorded primarily on paper, in the form of either handwritten or typed notations, are now entered on computers and stored electronically on computers or file servers. As Thomas A. Moore and Matthew Gaier explore in this edition of their Medical Malpractice column, this new medical record medium has effected a sea change on medical malpractice litigation in several respects.
New York Law Journal | Analysis
By John L.A. Lyddane | September 24, 2021
In his Medical Malpractice column, John Lyddane provides a discussion for defense counsel in malpractice cases where the focus is reliance on prescription medication package inserts. He writes: "Where that reliance is misplaced, defense counsel needs to be ready to respond."
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 2, 2021
In a recent column in the New York Law Journal, Professor Michael Hutter raised the question of whether New York should adopt FRE 803(18), the Federal Rule of Evidence pertaining to the admissibility at trial of statements contained in treatises, periodical or pamphlets. Hutter's position was that adoption of the rule would be "a progressive step forward." In this edition of their Medical Malpractice column, Thomas Moore and Matthew Gaier explain why they "respectfully disagree."
New York Law Journal | Analysis
By John L.A. Lyddane | July 19, 2021
In his Medical Malpractice column, John L.A. Lyddane addresses how the legal duty of the emergency room physician remains a question of law across a spectrum of treatment scenarios. Those providers continue to require careful attention from their counsel to limit their involvement and exposure to the circumstances in which the law has determined that they owe a duty to the patient.
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