Alan W Clark

July 19, 2024 | New York Law Journal

Judiciary Law section 474-a, as amended effective July 1, 1985 sets forth a contingency fee schedule and provision for application for increased fee in extraordinary circumstances. In practice, the fee schedule creates inherent conflict, is unfair and deprives many victims of malpractice the opportunity to hire competent counsel. Applications for enhanced fees are rarely granted. The proposed Amendment set forth in NYAB 7448 provides much needed changes to the Statute.

By Alan W. Clark

21 minute read

November 15, 2023 | New York Law Journal

Trial attorney Alan Clark discusses the HIPAA privacy right to access and pending amendments to section 18 which expand the right to access but, in the author's view, do not adequately address these deficiencies and other provisions which appear to be in violation of federal regulations established under HIPAA, HITECH, and the 21st Century Cures Act.

By Alan W. Clark

22 minute read

August 09, 2023 | New York Law Journal

Trial attorney Alan Clark shares his opinion that it is "about time that New York amend CPLR section 5001 to allow recovery of pre-verdict interest on awards in personal injury actions." He concludes that "pre-verdict interest would go a long way to encourage settlement of cases well before the parties are told to pick a jury and substantially reduce calendar congestion."

By Alan W. Clark

18 minute read

November 04, 2022 | New York Law Journal

The distinction between medical malpractice and negligence is a subtle one, for medical malpractice is but a species of negligence and no rigid analytical line separates the two. This article will discuss the factors and principles used by the appellate courts in making this distinction.

By Alan W. Clark

23 minute read

June 29, 2022 | New York Law Journal

It is readily apparent that proving bad faith against an insurer for failure to settle within the policy limits is very difficult, especially in medical malpractice cases where there are usually opposing experts for each side raising questions about the defendant's liability.

By Alan W. Clark

14 minute read

February 18, 2022 | New York Law Journal

Recent appellate division decisions have made it abundantly clear that the medical malpractice doctrine of lost chance of a better outcome is an accepted basis for recovery of substantial damages.

By Alan W. Clark

15 minute read

August 23, 2021 | New York Law Journal

In view of the case law and ambiguous pattern jury charges, it is highly recommended that counsel address proximate cause issues in lost chance cases with the trial judge as early as possible and during jury voir dire.

By Alan W. Clark

14 minute read

March 29, 2021 | New York Law Journal

This article will explore the subject matter of impeachment of expert witnesses by the use of medical or scientific literature containing contrary opinions during cross-examination.

By Alan W. Clark

17 minute read

October 21, 2020 | New York Law Journal

Part 1 of this article addressed proof of diminished chance for a cure or better outcome or increased injury and pain and suffering as a substantial factor of injury in failure to diagnose cancer cases. Part 2 addresses the application of law and evidence to medical malpractice cases dealing with failure to diagnose other medical conditions and illness.

By Alan W. Clark

13 minute read

October 14, 2020 | New York Law Journal

In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.

By Alan W. Clark

13 minute read