John L A Lyddane

May 19, 2020 | New York Law Journal

It is only where the proponent of separate trials has established that a substantial right of a party is prejudiced by a consolidated trial that separate trials are obtainable. To help assess the manner in which the trial court is likely to respond to a motion for either severance or consolidation, John L.A. Lyddane examines several themes in the decisions in this edition of his Medical Malpractice column.

By John L.A. Lyddane

9 minute read

March 16, 2020 | New York Law Journal

The prompt evaluation of and response to venue issues when they arise is important to the defense of medical malpractice claims. In his Medical Malpractice column, John L.A. Lyddane discusses the parameters governing the resolution of those issues.

By John L.A. Lyddane

9 minute read

January 17, 2020 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane discusses the current effort before the Legislature to modify the New York State approach to the "speaking agent" exception to the exclusion of hearsay at trial, writing that "the change would affect the adjudication of medical malpractice claims and is of particular concern to any health care organization whose employees render medical care in the course of their employment."

By John L.A. Lyddane

9 minute read

November 18, 2019 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane discusses the value of exploring a culpable conduct defense when faced with an informed consent claim from a patient who may share responsibility for an unsatisfactory medical procedure outcome.

By John L.A. Lyddane

8 minute read

September 16, 2019 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane writes: In a world of litigants sharing their most private affairs with total strangers, and inexpensive data storage of virtually every detail of their lives, the potential for securing admissions by opposing litigants demands attention in discovery. It is useful to examine what constitutes an admission, and how admissions are best employed.

By John L.A. Lyddane

9 minute read

July 15, 2019 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane writes: By definition in New York, liability for medical malpractice long depended on the existence of a doctor-patient relationship between the plaintiff and the defendant. Over time there have developed narrow exceptions to the general rule. Liability for medical malpractice has been extended to non-patients, and it is useful to examine how this has come about.

By John L.A. Lyddane

9 minute read

May 14, 2019 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane writes: When medical malpractice complaints include multiple defendants, it is not clear at the outset what diverse duties the various providers may have. The first question as to each defendant is whether there was a duty to the patient which would have been violated if the claim otherwise has merit. He discusses cases tackling this issue.

By John L.A. Lyddane

9 minute read

March 27, 2019 | New York Law Journal

In his Medical Malpractice Defense column, John L.A. Lyddane writes: In a case brought to trial 10 or more years after the alleged acts of negligence, it is especially important that the claims to be tried have been identified, investigated, and subject to complete discovery. It is the responsibility of defense counsel to see that claims as to which there has been insufficient notice and an inadequate opportunity to defend are not advanced at trial.

By John L.A. Lyddane

8 minute read

January 14, 2019 | New York Law Journal

In his Medical Malpractice Defense column John L.A. Lyddane discusses how to approach the defense of the informed consent claim at trial. He writes: In the proper context, the defense should be able to demonstrate that although the outcome was undesirable, the decision to accept the risk prior to the procedure was a rational one and a reasonably prudent person would not have refused consent.

By John L.A. Lyddane

8 minute read

November 19, 2018 | New York Law Journal

Medical Malpractice Defense columnist John L.A. Lyddane discusses procedure-related nerve injury and how it is frequently unrelated to deficient medical care. He writes: “Careful development of the facts and expert review are needed to be able to demonstrate that factors beyond the control of the health care providers account for the unfortunate outcome.”

By John L. A. Lyddane

9 minute read