New York Law Journal | Analysis
By John L.A. Lyddane | December 3, 2020
During discovery, it may be determined that claims for negligent hiring, retention, supervision, and credentialing extend liability to entities which were not initially identified as parties. In his Medical Malpractice column, John Lyddane shows how understanding the parameters of such liability under New York law could be of importance to all counsel representing litigants in malpractice cases.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | November 30, 2020
Twenty-five years ago, this Medical Malpractice column concluded that a physician's entire office record, including the reports of consulting physicians and any findings or opinions contained therein, is admissible in evidence, so long as the material was kept in the regular course of the physician's business and was related to the diagnosis or treatment of the patient. Among the law discussed was 'Freeman v. Kirkland'. Another columnist recently concluded that 'Freeman' should no longer be followed. Thomas A. Moore and Matthew Gaier respectfully disagree with that conclusion in today's edition of their column.
New York Law Journal | Analysis
By Joel M. Greenberg | November 20, 2020
Two recent appellate decisions determined that the proceeds from the sale and demutualization of New York's largest medical malpractice carrier, the Medical Liability Mutual Insurance Company, belong to the insured policyholders rather than to their employers who may have paid their malpractice premiums and/or acted as their Policy Administrator.
By Greg Land | November 2, 2020
An insurer for convicted orthopedist Spyros Panos, who pleaded guilty to new charges of fraud and identity theft Friday, was ordered to pay $16.8 million to allay some of a $141 million arbitration award to 250 former patients.
New York Law Journal | Expert Opinion
By Alan W. Clark | October 21, 2020
Part 1 of this article addressed proof of diminished chance for a cure or better outcome or increased injury and pain and suffering as a substantial factor of injury in failure to diagnose cancer cases. Part 2 addresses the application of law and evidence to medical malpractice cases dealing with failure to diagnose other medical conditions and illness.
New York Law Journal | Analysis
By John L.A. Lyddane | October 14, 2020
The neatly divided roles of fact witness, expert witness and finder of fact are understandable in theory, but have not always been easy to apply to the evidence in a given case, as explored by John L.A. Lyddane in his column on Medical Malpractice Defense.
New York Law Journal | Expert Opinion
By Alan W. Clark | October 14, 2020
In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | October 5, 2020
In this month's column, Medical Malpractice writers, Thomas A. Moore and Matthew Gaier, focus on the circumstances under which referring physicians may be held liable.
New York Law Journal | Expert Opinion
By Robert B. Gibson | September 22, 2020
Exploring the extent to which jurors would be allowed to hear testimony from defendant healthcare providers regarding their involvement in the treatment of COVID-19 patients.
New York Law Journal | Analysis
By Sharon M. Porcellio | July 29, 2020
In her Western District Roundup, Sharon M. Porcellio discusses a case in which defendants, manufacturers/marketers of the medical device, brought a motion to dismiss arguing that plaintiffs' claims were preempted by federal law.
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