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April 4, 2022 | New York Law Journal
The rule prohibiting hindsight in medical malpractice actions is often the subject of misapplication and misuse. In their Medical Malpractice column, Thomas Moore and Matthew Gaier clear things up by distinguishing the type of subsequent evidence that is prohibited as impermissible hindsight from admissible deductions based on circumstantial evidence.
12 minute read
January 31, 2022 | New York Law Journal
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
14 minute read
December 6, 2021 | New York Law Journal
A circumstance sometimes arises in medical malpractice actions where venue is decided based upon a physician's principal office. A recent decision by the Court of Appeals addressing that circumstance provides the opportunity for authors Thomas Moore and Matthew Gaier to examine the venue rules as they apply in malpractice actions.
15 minute read
December 1, 2021 | New York Law Journal
Recent appellate decisions show that while the courts may be receptive to the admission of habit evidence, the courts will in fact approve the admission only after a rigorous examination of the foundation proof proffered, and carefully limit the evidentiary force of the habit when admitted.
14 minute read
October 4, 2021 | New York Law Journal
Medical records that used to be recorded primarily on paper, in the form of either handwritten or typed notations, are now entered on computers and stored electronically on computers or file servers. As Thomas A. Moore and Matthew Gaier explore in this edition of their Medical Malpractice column, this new medical record medium has effected a sea change on medical malpractice litigation in several respects.
17 minute read
Law Journal Press | Digital Book
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October 4, 2021 | New York Law Journal
As a recent Court of Claims appointee, Judge Damaris Torrent offers up what she admittedly calls a "subjective compendium" of some of the most interesting personal injury cases in 2020 and 2021.
11 minute read
August 2, 2021 | New York Law Journal
In a recent column in the New York Law Journal, Professor Michael Hutter raised the question of whether New York should adopt FRE 803(18), the Federal Rule of Evidence pertaining to the admissibility at trial of statements contained in treatises, periodical or pamphlets. Hutter's position was that adoption of the rule would be "a progressive step forward." In this edition of their Medical Malpractice column, Thomas Moore and Matthew Gaier explain why they "respectfully disagree."
15 minute read
May 28, 2021 | New York Law Journal
Last spring, when New York was the epicenter of the COVID-19 pandemic, Medical Malpractice columnists Thomas A. Moore and Matthew Gaier wrote a series of articles focusing on two issues affecting malpractice litigation that flowed directly from the state's response—immunity to health care professionals and facilities, and the toll on the statute of limitations. Both of those matters have undergone modifications over the past year. Those changes and their impact are the subject of today's column.
1 minute read
April 5, 2021 | New York Law Journal
In this edition of their Medical Malpractice column, Thomas A. Moore and Matthew Gaier again address the issue of the admissibility of physicians' testimony as to their custom and practice, also known as habit evidence, in light of two recent Appellate Division decisions that provide new insights into the admissibility and applicability of such evidence.
1 minute read
February 1, 2021 | New York Law Journal
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.
1 minute read
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