John Lyddane

July 18, 2024 | New York Law Journal

Cumulative testimony is generally excluded at trial based upon the sound discretion of the trial court, whose obligation it is to control the presentation of the issues to the trier of fact. This scenario arises in cases that involve expert witnesses from multiple specialties but may also occur when there are one or more missing witnesses.

By John Lyddane

8 minute read

May 28, 2024 | New York Law Journal

Over the course of discovery in a complex medical malpractice case, it is expected that issues will arise as to the doctor's vicarious liability for others involved in the patient's care. Knowing where the distinctions are drawn will be helpful to the defense of your physician client.

By John Lyddane

9 minute read

March 21, 2024 | New York Law Journal

It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.

By John Lyddane

8 minute read

January 16, 2024 | New York Law Journal

When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.

By John Lyddane

8 minute read

November 20, 2023 | New York Law Journal

The first half of this series, addressing the historical development of the law in New York on the professional reliability exception to the rule against hearsay, was published on Sept. 18, 2023. This second segment discusses how the professional reliability exception has been applied to the process of medical malpractice adjudication.

By John Lyddane

7 minute read

September 18, 2023 | New York Law Journal

In the first installment of this two-part Medical Malpractice Defense column, John Lyddane discusses the origin and historical development of the professional reliability exception to the general rule against hearsay. Its application to malpractice defense will be explored in the second installment.

By John Lyddane

7 minute read