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December 09, 2010 |

Spoliation Sanctions in Obstetrical Malpractice Cases

When a hospital fails to produce fetal monitor strips (or tapes) in a malpractice case, plaintiffs counsel have two potential avenues of recourse. The more common remedy is an adverse inference charge, which may be pursued as a sanction for spoliation on a motion brought during discovery.
12 minute read
December 11, 2006 |

Panel Denies Defense Right To Interviews

4 minute read
February 04, 2002 |

Medical Malpractice

A lthough it has been the law of this state for more than 15 years, it is only in recent years that the impact of CPLR Article 16 has begun to be felt. Hastily passed in the middle of the legislative morass of tort reform in the mid-1980s, Article 16 was posited as a limited encroachment on the common law rule of joint and several liability. 1 Section 1601 provides that a defendant may only be held jointly and severally liable for noneconomic damages if he is held more than 50 percent liable. Defendants rem
11 minute read
December 02, 2008 |

Medical Malpractice

Thomas A. Moore, a senior partner at Kramer, Dillof, Livingston & Moore, and Matther Gaier, a partner at the firm, write that it seems axiomatic that self-serving testimony by a defendant in a lawsuit gives rise to an issue of fact, and cannot be grounds for granting judgment as a matter of law to that defendant or any other party in the litigation. Yet, they caution, a recent appellate decision would indicate that is not necessarily the case.
11 minute read
December 14, 2007 |

$14M med-mal verdict tossed due to judge's actions

A New York state appeals court has thrown out a $14 million medical malpractice verdict, holding that a Brooklyn Supreme Court judge's inappropriate conduct, including presenting the brain-damaged 4-year-old plaintiff with a box of candy in front of the jury, denied the defense a fair trial. "[B]y virtue of the cumulative effect of the improper conduct of the trial court ... the jury could not have considered the issues at trial in a fair, calm and unprejudiced manner," the unanimous panel held.
3 minute read
June 03, 2002 |

Medical Malpractice

A ll of us , sooner or later, may have to decide on a doctor or doctors in a time of medical need. That choice may well dictate whether the care required is indeed rendered. While administrative agencies charged with overseeing the profession, such as the Board of Professional Medical Conduct, sometimes investigate and take disciplinary measures against physicians that may result in the suspension or termination of their licenses, such actions do not succeed in weeding out all incompetent practitioners. Mos
13 minute read
March 04, 2002 |

Medical Malpractice

H ospitals, like all property owners, are under a duty to provide minimal security measures and control the conduct of others to protect persons on their premises. 1 With reference to admitted patients, this duty takes on attributes of patient care, because they are typically more vulnerable than other persons. Unlike tenants in an apartment building, guests in a hotel or workers in an office building, hospital patients are not behind locked doors, are often physically infirm and, frequently, suffer impaire
12 minute read
May 06, 2002 |

Medical Malpractice

I ncluded in the New York Pattern Jury Instructions as a potential addendum to the general medical malpractice charge, is a paragraph regarding errors of judgment by defendants. That paragraph reads:
8 minute read

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