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
By Jason Grant | June 23, 2021
The Appellate Division, First Department on Tuesday suspended Patricia M. De Grace-D'Aliasi from practicing law, writing that it had ordered her to undergo the medical exam based upon an attorney grievance committee motion that itself was "based on [De Grace-D'Aliasi's] irrational conduct during and after a medical malpractice trial in which she represented herself as well as her conduct before the AGC."
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | May 28, 2021
Last spring, when New York was the epicenter of the COVID-19 pandemic, Medical Malpractice columnists Thomas A. Moore and Matthew Gaier wrote a series of articles focusing on two issues affecting malpractice litigation that flowed directly from the state's response—immunity to health care professionals and facilities, and the toll on the statute of limitations. Both of those matters have undergone modifications over the past year. Those changes and their impact are the subject of today's column.
New York Law Journal | Analysis
By John L.A. Lyddane | May 21, 2021
In his Medical Malpractice column, John L.A. Lyddane discusses the cause-in-fact defense, which is describes as underemployed in medical malpractice cases tried in New York courts. The distinction between cause-in-fact, also referred to as "actual cause", and proximate cause is frequently important enough to present this defense opportunity for the malpractice defendant where situationally appropriate.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 5, 2021
In this edition of their Medical Malpractice column, Thomas A. Moore and Matthew Gaier again address the issue of the admissibility of physicians' testimony as to their custom and practice, also known as habit evidence, in light of two recent Appellate Division decisions that provide new insights into the admissibility and applicability of such evidence.
New York Law Journal | Analysis
By Alan W. Clark | March 29, 2021
This article will explore the subject matter of impeachment of expert witnesses by the use of medical or scientific literature containing contrary opinions during cross-examination.
New York Law Journal | Analysis
By John L.A. Lyddane | March 15, 2021
In his Medical Malpractice column, John L.A. Lyddane writes that the error in judgment defense "is as valuable as it ever was in protecting the physician defendant from the other 'experts' in the profession who are retained for second guessing."
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | February 1, 2021
In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss both historical and modern precedent that helps answer the current issue during the COVID-19 pandemic as to whether people who infect others by engaging in negligent conduct may be held liable for the damage they cause.
By Jason Grant | January 29, 2021
The plaintiff's "return to Montefiore [Medical Center] in 2015 constituted a resumption of treatment rather than a continuation thereof insufficient to toll the statute of limitations," wrote the Appellate Division, First Department court.
New York Law Journal | Analysis
By John L.A. Lyddane | January 15, 2021
In a medical malpractice case, expert testimony is required to establish the standard of care, a departure from that standard, and that the departure was a proximate cause of the damages claimed. Without full exploration of causation issues, the defense is ill prepared for trial. In this edition of his Medical Malpractice column, John L.A. Lyddane takes a look at the case law governing expert analysis of causation defenses.
New York Law Journal | Analysis
By Joel M. Greenberg | January 4, 2021
The Second Department's unanimous decision in 'Maple Medical v. Joseph Scott' is consistent with the unanimous conclusions reached by the Appellate Divisions in both the Third and Fourth Departments in recent months.
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