New York Law Journal | Analysis
By John L.A. Lyddane | July 20, 2020
In his column on Medical Malpractice Defense, John L.A. Lyddane discusses access to the records of a patient's psychiatric treatment.
New York Law Journal | Expert Opinion
By James P. Fitzgerald and John M. Daly | July 9, 2020
Alternative litigation financing for infants in birth injury medical malpractice cases in New York levels the playing field.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 1, 2020
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier review pertinent executive orders that tolled statutes of limitations and analyze them in relation to the decisional law and prior executive orders issued in response to different emergencies.
New York Law Journal | Analysis
By Alan W. Clark | May 28, 2020
Courts must consider whether habit or circumstantial evidence belongs to the creative imagination of the party or attorney and is being used in such a way to unjustifiably excuse an act or omission of carelessness or negligence when the party has no recollection of the events.
New York Law Journal | Analysis
By Alan W. Clark | May 27, 2020
Can evidence of a health care provider's custom and practice be admissible at trial as habit evidence to prove a fact or standard of care? Can such evidence be proof in support of due care or lack thereof sufficient to support or oppose a motion for summary judgment for or against a party? Can such evidence arise from a creative imagination and be a poor excuse for medical negligence?
New York Law Journal | Analysis
By John L.A. Lyddane | May 19, 2020
It is only where the proponent of separate trials has established that a substantial right of a party is prejudiced by a consolidated trial that separate trials are obtainable. To help assess the manner in which the trial court is likely to respond to a motion for either severance or consolidation, John L.A. Lyddane examines several themes in the decisions in this edition of his Medical Malpractice column.
New York Law Journal | Commentary
By Peter Kolbert and Caryn Lilling | April 10, 2020
The swift actions of the Governor and Legislature should serve as a model for legislation to be implemented across the country.
By Amanda Bronstad | April 8, 2020
Lawyers for hospitals predict there still could be medical malpractice lawsuits amid the COVID-19 outbreak, but plaintiffs lawyers are concerned about their practices. "You don't want to be the one suing heroes," said attorney John Hochfelder.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 6, 2020
In an addendum to a prior Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss the recently passed Emergency or Disaster Treatment Protection Act, Public Health Law Article 30-D, which codifies limited immunity for health care professionals and facilities during the pendency of the emergency declaration in place in New York as of March 7, 2020.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | March 30, 2020
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss some of the extraordinary measures being implemented in response to the COVID-19 outbreak.
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