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Liability for Transmitting COVID-19
In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss both historical and modern precedent that helps answer the current issue during the COVID-19 pandemic as to whether people who infect others by engaging in negligent conduct may be held liable for the damage they cause.
Consultation Reports in Physicians' Office Records
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.
The Governor Had Authority To Toll the Statute of Limitations
A response to an Oct. 6 article in this column, "Executive Orders: A Suspension, Not a Toll of the SOL."Executive Orders: A Suspension, Not a Toll of the SOL
During the pandemic, Governor Cuomo has issued a series of executive orders that have suspended procedural deadlines, including the statute of limitations. Various articles have been written that describe these executive orders as a toll of the statute of limitations for court. This article discusses the important legal distinction between a "toll" and a "suspension."Liability of Referring Physicians
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.
Law Journal Press | Digital Book
Connecticut Foreclosures: An Attorney’s Manual of Practice and Procedure 2024
Authors: Denis R. Caron, Geoffrey K. Milne, Andrew P. Barsom
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Toll on Statutes of Limitations During the COVID-19 Emergency
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 Leads the Way in Providing Liability Protections to Health Care Workers
The swift actions of the Governor and Legislature should serve as a model for legislation to be implemented across the country.COVID-19 Legal Measures: An Addendum
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.
Turning a Defendant Into an Expert
Andrew Lavoott Bluestone looks at issues arising at depositions of a defendant professional, limiting the discussion to attorneys in this setting.COVID-19: Gov. Cuomo's Executive Order and Other Legal Measures