Sign in to follow
Search Results

0 results for 'Thomas A. Moore and Matthew Gaier'

You can use to get even better search results
April 01, 2024 | New York Law Journal

Bills of Particulars and Partial Summary Judgment

In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.
13 minute read
February 05, 2024 | New York Law Journal

Spoliation of Evidence in Malpractice Actions

There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
15 minute read
December 04, 2023 | New York Law Journal

Equitable Estoppel and Public Hospitals

When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.
16 minute read
July 31, 2023 | New York Law Journal

Discovery of Surveillance Video in Medical Malpractice Actions

In personal injury and medical malpractice actions in which plaintiffs have alleged they sustained injuries that have impaired their abilities to engage in their normal activities, it is not uncommon for the defendants to hire investigators to surveille and make video recordings of the plaintiff that may appear to refute, or confirm, the nature and degree of the impairment.
15 minute read
June 05, 2023 | New York Law Journal

Certificate of Merit: Courts Continue to Grapple With Requirement

Although it is a fairly simple procedure, it has occasionally necessitated litigation over the impact of a failure to so certify, as well as the nature of the certification required in certain types of cases. Thirty-seven years after the passage of this requirement, the courts continue to grapple with these questions.
15 minute read
Law Journal Press | Digital Book Connecticut Medical Malpractice: A Manual of Practice and Procedure, 7th Edition Authors: Joyce A. Lagnese, Calum B. Anderson, Frank H. Santoro View this Book

View more book results for the query "Thomas A. Moore and Matthew Gaier"

April 04, 2023 | New York Law Journal

Update on COVID Issues: Court Decisions Regarding Immunity

In their last Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several court decisions related to immunity temporarily given to health care professionals and facilities during the COVID-19 pandemic.
15 minute read
February 06, 2023 | New York Law Journal

Implied Physician-Patient Relationships in Obstetrical Cases

In their last Medical Malpractice column, Thomas Moore and Matthew Gaier reviewed several decisions relating to implied physician-patient relationships. In this column, they continue with that theme, exploring decisions addressing implied physician-patient relationships in the context of obstetrical care.
12 minute read
December 05, 2022 | New York Law Journal

Implied Physician-Patient Relationships

Although there are limited circumstances in which a physician will be deemed to owe a duty of care to a non-patient, even in those cases the duty flows from a physician-patient relationship with someone else.
13 minute read
October 03, 2022 | New York Law Journal

Recent Appellate Decisions: Pretreatment Agreements, Ex Parte Interviews

As demonstrated by recent cases, the law pertaining to 'Arons' authorizations is fairly well developed at this point.
12 minute read
August 01, 2022 | New York Law Journal

Dead Man's Statute: A Potentially Powerful Evidentiary Rule

This column discusses the Dead Man's Statute and decisional law addressing its potential application in both circumstances.
13 minute read

TRENDING STORIES

    More from ALM

    More from ALM

    Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

    Resources

    • Revenue, Profit, Cash: Managing Law Firms for Success

      Brought to you by Juris Ledger

      Download Now

    • Law Firm Operational Considerations for the Corporate Transparency Act

      Brought to you by Wolters Kluwer

      Download Now

    • The Ultimate Guide to Remote Legal Work

      Brought to you by Filevine

      Download Now

    • Practical Guidance Journal: Protecting Work Product in a Generative AI World

      Brought to you by LexisNexis®

      Download Now