Alan W Clark

May 28, 2020 | New York Law Journal

Courts must consider whether habit or circumstantial evidence belongs to the creative imagination of the party or attorney and is being used in such a way to unjustifiably excuse an act or omission of carelessness or negligence when the party has no recollection of the events.

By Alan W. Clark

20 minute read

May 27, 2020 | New York Law Journal

Can evidence of a health care provider's custom and practice be admissible at trial as habit evidence to prove a fact or standard of care? Can such evidence be proof in support of due care or lack thereof sufficient to support or oppose a motion for summary judgment for or against a party? Can such evidence arise from a creative imagination and be a poor excuse for medical negligence?

By Alan W. Clark

19 minute read

February 23, 2015 | New York Law Journal

Alan W. Clark of the Law Firm of Alan W. Clark & Associates writes: The courts must choose to exercise much scrutiny and discretion before allowing evidence of a health care provider's custom and practice to be admissible.

By Alan W. Clark

19 minute read

February 20, 2015 | New York Law Journal

Alan W. Clark of the Law Firm of Alan W. Clark & Associates writes: The courts must choose to exercise much scrutiny and discretion before allowing evidence of a health care provider's custom and practice to be admissible.

By Alan W. Clark

19 minute read