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October 03, 2016 |

Court of Appeals Decision on Sufficiency and Admissibility of Evidence

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier examine the Court of Appeals' recent decision in 'Mazella v. Beals', in which the court addressed issues pertinent to medical malpractice litigation, including the legal sufficiency of evidence of causation and the admissibility of a consent order stemming from charges relating to professional misconduct.
18 minute read
August 22, 2016 |

Late Notices of Claim on Behalf of Infants

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier examine two Court of Appeals decisions affirming the denial of motions for late notices of claim on behalf of infants allegedly injured as a result of malpractice around the time of their birth.
25 minute read
June 07, 2016 |

Second Circuit Decision on Damages With Broad Ramifications

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: The Second Circuit recently issued a particularly noteworthy opinion addressing damages in an action involving malpractice at a VA medical center. That decision has important ramifications for cases stemming from care rendered at VA facilities, but also has portentous implications for damages-related issues in other federal and state malpractice actions.
14 minute read
April 05, 2016 |

New York State Medical Indemnity Fund Experience

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier examine the impact of the New York State Medical Indemnity Fund, established five years ago, and make suggestions for improving its effectiveness and its ability to serve the injured children for whom it was established.
35 minute read
February 19, 2016 |

An Invite to Robust Debate on Impact of 'Davis'

Having argued 'Davis v. S. Nassau Communities Hosp.' before the Court of Appeals as counsel for defendant-respondent South Nassau Communities Hospital, I would like to respectfully respond to recent columns on that decision.
9 minute read
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 View this Book

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February 02, 2016 |

Recent Court of Appeals Decision on Duty to Non-Patients

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write that in a 1988 decision holding medical professionals not liable for a car accident involving a patient, the Court of Appeals expressly left open the possibility that it might recognize a duty of care in a circumstance where the health-care provider administered or prescribed medication that affirmatively created an impaired driving condition and failed to warn the patient.
11 minute read
December 01, 2015 |

Further Clarification of Summary Judgment Standard

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier, discuss the "judicial drift" that led to a rule that a moving defendant could establish entitlement to summary judgment by submitting evidence only that there was no departure from accepted practice, ignoring causation, and that in order to defeat the motion, the plaintiff would have to prove both departures and causation—a rule that has not yet been universally overturned.
12 minute read
November 30, 2015 | Law.com

Further Clarification of Summary Judgment Standard

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier, discuss the "judicial drift" that led to a rule that a moving defendant could establish entitlement to summary judgment by submitting evidence only that there was no departure from accepted practice, ignoring causation, and that in order to defeat the motion, the plaintiff would have to prove both departures and causation—a rule that has not yet been universally overturned.
12 minute read
October 06, 2015 |

Physician Liability From Collaborative Arrangements

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided by other health-care professionals, such as nurse practitioners and midwives, who are required to collaborate with physicians. But that collaboration can lead to liability for physicians who fail to provide proper supervision or oversight.
12 minute read
October 05, 2015 | Law.com

Physician Liability From Collaborative Arrangements

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided by other health-care professionals, such as nurse practitioners and midwives, who are required to collaborate with physicians. But that collaboration can lead to liability for physicians who fail to provide proper supervision or oversight.
12 minute read

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