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Appellate Division, First Department:August 27, 2019
Publication Date: 2019-09-12
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Cases Decided
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department:August 27, 2019

September 11, 2019 | New York Law Journal

Law on 'Unindicated Conditions' Thwarts Case Over Emergency Room Patient's Death

In a case involving a patient on dialysis who had a bacterial staph infection that a laboratory discovered but did not report to the patient, the First Department appellate panel wrote that "the failure to investigate a condition that would have led to an incidental discovery of an unindicated condition, does not constitute malpractice."
4 minute read
August 31, 2019 | New York Law Journal

Failure to Narrow Deposition Demands Wrongly Ended Med Mal Case, Court Rules

But the Appellate Division, Second Department panel did choose to penalize the plaintiff and his attorneys for discovery issues by cutting off further depositions of the defendants.
4 minute read
Appellate Division, First Department: August 20, 2019
Publication Date: 2019-08-22
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Cases Decided
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: August 20, 2019

August 02, 2019 | New York Law Journal

Med Mal Case Over Plastic Surgeon's Facial Injection That Blinded Patient Will Proceed

Pointing to a lack of certainty in the surgeon's own deposition testimony, the First Department panel ruled that the surgeon failed to meet his prima facie burden at the dismissal motion stage “of establishing that he did not depart from accepted medical practice in his method of injecting fat into plaintiff’s face.”
3 minute read
Appellate Division, First Department: July 30, 2019
Publication Date: 2019-07-31
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Cases Decided
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: July 30, 2019

Appellate Division, First Department:May 30, 2019
Publication Date: 2019-06-03
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Cases decided on: May 30, 2019
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department:May 30, 2019

Appellate Division, Second Department: May 29, 2019
Publication Date: 2019-05-31
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Cases handed down
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: May 29, 2019

Appellate Division, First Department:May 28, 2019
Publication Date: 2019-05-30
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Term, First Department, Cases Decided
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department:May 28, 2019

CLC Jr. v. Westchester Med. Cntr
Publication Date: 2019-05-23
Practice Area: Civil Procedure | Medical Malpractice
Industry:
Court: Supreme Court, Westchester
Judge: Justice David Everett
Attorneys:
For plaintiff: Attorneys for Plaintiff: Randy Nassau, Esq., The Fitzgerald Law Firm, P.C.
For defendant: Attorneys for Defendant Westchester Medical Center: Laurie A. Annunziato, Esq., Martin Clearwater & Bell, LLP. Attorneys for Defendants Michael Kessler MD, Geetha Rajendran MD, Advanced Ob/Gyn Associates: Garrett P. Lewis, Esq., Heidell, Pittoni, Murphy & Bach LLP.
Case number: 51356/14

Court Declines to Vacate Award Ascribing Vicarious Liability for Doctors' Actions to WMC

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