Matthew Gaier

October 05, 2010 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier, partners at Kramer, Dillof, Livingston & Moore, examine how the courts of this state have responded to sinister tactics taken by malpractice defendants, such as defamation actions filed against expert witnesses or disciplinary proceedings against a plaintiff's lawyer.

By Thomas A. Moore and Matthew Gaier

11 minute read

February 06, 2007 | New York Law Journal

Thomas A. Moore, senior partner with Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner with the firm, analyze a recent appellate ruling that they say should have the effect of restoring fairness to the manner in which treating physicians are dealt with in malpractice litigation.

By Thomas A. Moore and Matthew Gaier

11 minute read

April 05, 2011 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, discuss the State's civil justice system, the incremental erosion of the rights of tort and medical malpractice victims, and how the New York medical establishment has made a strong push to obtain legislation to deny justice to persons injured by negligent medical care.

By Thomas A. Moore and Matthew Gaier

15 minute read

August 05, 2008 | New York Law Journal

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, review a case that may seem like a run-of-the-mill malpractice claim for failure to timely diagnose. However, defendants asserted that they could not be held liable because the plaintiff was a participant in a human research study regarding modes of diagnosis and therefore, the defendents asserted, there was no physician-patient relationship.

By Thomas A. Moore and Matthew Gaier

12 minute read

October 03, 2006 | New York Law Journal

Thomas A. Moore, a senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that the physician-patient privilege reflected in CPLR 4504 and its attendant confidentiality requirement most often arises in malpractice litigation in the context of discovery. The issue is usually whether material sought by a litigant is privileged and, if so, whether the privilege has been waived.

By Thomas A. Moore and Matthew Gaier

12 minute read

October 07, 2008 | New York Law Journal

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that the rules established over a decade ago in Brown v. New York City H&H Corp. quickly became the standard for evaluating AIDS-phobia claims in the state, but earlier this year, the Court of Appeals took up the issue and overruled one aspect of the Brown holding, while sanctioning a less restrictive aspect.

By Thomas A. Moore and Matthew Gaier

15 minute read

February 01, 2011 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore review decisions involving conditional orders of preclusion, informed consent, the physician-patient relationship, and "wrongful birth."

By Thomas A. Moore and Matthew Gaier

14 minute read

August 01, 2007 | New York Law Journal

Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that the emergency doctrine's requirements that the situation be something the actor could not have reasonably anticipated and was not of the actor's own making pose significant obstacles to the applicability of the doctrine in medical malpractice cases, but an emergency charge could be appropriate in an extraordinary situation.

By Thomas A. Moore and Matthew Gaier

12 minute read

November 02, 2004 | New York Law Journal

Thomas A. Moore, a senior partner, and Matthew Gaier, a partner, from Kramer, Dillof, Livingston & Moore, address the subject of suits against HMOs, for injuries sustained by subscribers as a result of wrongful denials of medical care on numerous occasions over the past several years.

By Thomas A. Moore And Matthew Gaier

14 minute read

June 03, 2002 | New York Law Journal

A ll of us , sooner or later, may have to decide on a doctor or doctors in a time of medical need. That choice may well dictate whether the care required is indeed rendered. While administrative agencies charged with overseeing the profession, such as the Board of Professional Medical Conduct, sometimes investigate and take disciplinary measures against physicians that may result in the suspension or termination of their licenses, such actions do not succeed in weeding out all incompetent practitioners. Mos

By Thomas A. Moore And Matthew Gaier

15 minute read