Matthew Gaier

August 05, 2019 | New York Law Journal

Without question, the most effective deterrence to the destruction or alteration of medical records in an effort to evade liability for medical malpractice liability is the potential for a punitive damages award to be imposed against the offending party. In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a decision in which the Second Department upheld such an award for that precise misconduct.

By Thomas A. Moore and Matthew Gaier

13 minute read

June 03, 2019 | New York Law Journal

Since authors Thomas Moore and Matthew Gaier last discussed the New York State Medical Indemnity Fund in this column in April 2016, the legislation has undergone significant amendments and judicial interpretation. Those developments are the subject of this article.

By Thomas A. Moore and Matthew Gaier

15 minute read

April 01, 2019 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss several appellate decisions from the past year addressing the scope of discovery that may have significance for all litigants in personal injury and medical malpractice actions. While these decisions address a broad range of issues, there is an overriding theme involving the impact of advances in technology on discovery.

By Thomas A. Moore and Matthew Gaier

14 minute read

February 04, 2019 | New York Law Journal

In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss the HBO movie 'Bleed Out' by Steven Burrows about what happened to his mother, Judie, after a broken hip led to brain injury, and the lawsuit that followed.

By Thomas A. Moore and Matthew Gaier

14 minute read

December 03, 2018 | New York Law Journal

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: In recent years there have been several changes to the CPLR that make it easier for litigants to compel the production of, and admit, evidence at trial. These statutory amendments can be particularly helpful in medical malpractice actions, and are the subject of this column.

By Thomas A. Moore and Matthew Gaier

12 minute read

September 28, 2018 | New York Law Journal

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier discuss the issue and implications of double defense representation in light of a recent decision by the Third Department in 'Lasher v. Albany Mem. Hosp.', the first case to tackle the issue in the medical malpractice context.

By Thomas A. Moore and Matthew Gaier

15 minute read

August 06, 2018 | New York Law Journal

Summary judgment motions by defendants have become somewhat routine in medical malpractice actions. Not infrequently, the evidence and applicable standards of care offer little or nothing to justify them.

By Thomas A. Moore and Matthew Gaier

1 minute read

June 04, 2018 | New York Law Journal

The Court of Appeals has addressed issues pertaining to the statute of limitations in medical malpractice actions in two recent decisions—one involving the time at which a wrongful birth cause of action accrues, and the other involving the continuous treatment doctrine.

By Thomas A. Moore and Matthew Gaier

1 minute read

April 02, 2018 | New York Law Journal

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: A controversy has developed in recent years concerning the form of verdict sheets with regard to damages in wrongful death actions. Specifically, a question has arisen with respect to whether the verdict sheet should have specific interrogatories inquiring as to the wrongful death damages to be awarded to each of the decedent's distributees.

By Thomas A. Moore and Matthew Gaier

12 minute read

February 05, 2018 | New York Law Journal

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: Effective Jan. 31, 2018, New York has adopted a discovery rule applicable to medical malpractice actions stemming from failures to timely diagnose cancer or a malignant tumor.

By Thomas A. Moore and Matthew Gaier

12 minute read