John L A Lyddane

July 17, 2023 | New York Law Journal

There are instances in which the participants in those medical procedures know what happened even if they do not specifically recall it. Courts and counsel need to be prepared to identify those instances when testimony on custom and habit is admissible and who can provide it.

By John L.A. Lyddane

8 minute read

May 17, 2023 | New York Law Journal

The statute provides that unless the patient waives the privilege, the provider shall not be allowed to disclose any information acquired in attending to a patient in a professional capacity, which was necessary to enable the practitioner to act in that capacity.

By John L.A. Lyddane

8 minute read

March 20, 2023 | New York Law Journal

In this edition of his Medical Malpractice column, John Lyddane discusses issues relating to the identity of distributees addressed for the first time on post-trial motion and appeal.

By John L.A. Lyddane

8 minute read

January 13, 2023 | New York Law Journal

In this edition of his Medical Malpractice column, John Lyddane discusses how litigation relating to the vicarious liability of healthcare institutions has incompletely refined the attendant issues.

By John L.A. Lyddane

8 minute read

November 14, 2022 | New York Law Journal

The opportunity to dispute merit in medical malpractice defense provides an important tool for the representation of your client.

By John L.A. Lyddane

8 minute read

September 16, 2022 | New York Law Journal

The trial and appellate courts recognize that the causation element is vital to the plaintiff's prima facie case, and that without both factual and expert support for the causal link, there is no issue of fact for the jury. The court will rule on the issue as a matter of law, but it is incumbent upon defense counsel to identify the causation defenses and develop them to provide a basis for their determination as a matter of law.

By John L.A. Lyddane

8 minute read

July 15, 2022 | New York Law Journal

In his Medical Malpractice column, John L.A. Lyddane reviews case law relating to how the courts have treated non-physician witnesses in the past in order to predict how a proposed expert will be received. How will the court exercise its discretion on the scope of the admissible testimony?

By John L.A. Lyddane

8 minute read

May 16, 2022 | New York Law Journal

In his Medical Malpractice column, John Lyddane uses extensive case law to discuss how the Bill of Particulars serves as a valuable guide to avoid prejudice when, for example, new claims and theories of recovery are brought up once a medical malpractice case goes to trial. "When the court is called upon to resolve disputes over the appropriate bounds of discovery, it necessarily examines the Bill of Particulars and the parameters of the claim."

By John L.A. Lyddane

9 minute read

March 14, 2022 | New York Law Journal

The realities of discovery in complex cases create situations in which access to vital information is foreclosed simply because there is insufficient data to allow for an evidence-based decision.

By John L.A. Lyddane

8 minute read

January 14, 2022 | New York Law Journal

The Second Department recently decided 'Siegel v. Snyder', which broadly expands discovery of quality assurance documents and statements despite the clear statutory prohibitions. Before this error is corrected by the legislature or the Court of Appeals, it should be expected that there will be considerable activity in this area of discovery for pending malpractice cases.

By John L.A. Lyddane

8 minute read