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October 02, 2012 |

Notices to Admit in Medical Malpractice Actions

Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that a notice to admit in a malpractice action should never inquire about the standards of care, causation, or any other matter that is properly the subject of expert opinion, nor should they be used to seek admissions as to any issue that a party should reasonably anticipate to be seriously contested at trial.
12 minute read
June 07, 2005 |

Medical Malpractice

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that women whose babies are injured by medical malpractice prior to birth may recover for their emotional distress if the malpractice results in a miscarriage or stillbirth, but not if the child survives and has his or her own viable cause of action for injuries.
10 minute read
August 06, 2013 |

Delay in Diagnosis and Types of Cancer

In their Medical Malpractice column, Kramer, Dillof, Livingston & Moore's Thomas A. Moore and Matthew Gaier discuss the manner in which the courts have addressed causation in particular types of cancers, the prognosis and treatments for which may vary widely. With some, a few weeks delay in diagnosis may be the difference between life and death. For others, even a lengthy delay may have no impact on the prognosis or treatment.
13 minute read
June 04, 2013 |

Causation Issues With Delay in Diagnosing Cancer Cases

In their Medical Malpractice column, Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm. write that the determination of whether diagnosis at or near the time of the malpractice would have saved the patient's life can be dependent upon many factors.
11 minute read
April 05, 2011 |

Budget Bill's 'Tort Reform' Targets Rights of Injured Children

In their Medical Malpractice column, Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, discuss the State's civil justice system, the incremental erosion of the rights of tort and medical malpractice victims, and how the New York medical establishment has made a strong push to obtain legislation to deny justice to persons injured by negligent medical care.
13 minute read
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December 04, 2012 |

Summary Judgment and Timing of Expert Disclosure

In their Medical Malpractice column, Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that in recent years, a question has been raised as to whether expert affidavits submitted on summary judgment motions should be rejected if an expert disclosure under CPLR 3101(d) was not served prior to the filing of the note of issue.
13 minute read
August 03, 2010 |

Offering and Limiting Evidence of Bias

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier, partners of Kramer, Dillof, Livingston & Moore, review cases addressing the juxtaposition of exclusionary rules of evidence with a litigant's right to demonstrate a witness' bias in a malpractice action, either bias toward the plaintiff if the witness was a defendant who has since settled or toward the defense if the physician witness is insured by the same liability carrier as a defendant.
12 minute read
October 03, 2006 |

Medical Malpractice

Thomas A. Moore, a senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that the physician-patient privilege reflected in CPLR 4504 and its attendant confidentiality requirement most often arises in malpractice litigation in the context of discovery. The issue is usually whether material sought by a litigant is privileged and, if so, whether the privilege has been waived.
11 minute read
February 02, 2010 |

Medical Malpractice

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that once the court has approved a compromise order, providing for the collection and allocation of the settlement proceeds in a case involving an injured infant or incompetent plaintiff, there often remain significant matters concerning the appropriate legal and financial vehicles for using and protecting the child's assets.
10 minute read
April 01, 2008 |

Medical Malpractice

Thomas A. Moore, a senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the fim, write that a recent Second Circuit ruling is truly a refreshing and enlightened decision that may provide sorely needed relief from grossly unfair circumstances that have deprived many malpractice victims from pursing the merits of their claims and obtaining just compensation.
14 minute read

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