Matthew Gaier

December 03, 2013 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore discuss three decisions issued this year involving claims of liability against health clubs, laboratories conducting drug testing, and municipal ambulance services, which show the diverse opinions of the members of the Court of Appeals when confronted with difficult questions concerning legal duties of care and the limits of liability in medically related contexts.

By Thomas A. Moore and Matthew Gaier

13 minute read

April 03, 2012 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore analyze two recent decisions, one that recognizes that the opportunity had by co-defendants to litigate the merits of claims against another defendant on a summary judgment motion precludes those claims from being re-litigated at trial for the purposes of apportionment, and another that discussed the effect of an automatic bankruptcy stay on empty chair strategies.

By Thomas A. Moore and Matthew Gaier

14 minute read

August 06, 2013 | New York Law Journal

In their Medical Malpractice column, Kramer, Dillof, Livingston & Moore's Thomas A. Moore and Matthew Gaier discuss the manner in which the courts have addressed causation in particular types of cancers, the prognosis and treatments for which may vary widely. With some, a few weeks delay in diagnosis may be the difference between life and death. For others, even a lengthy delay may have no impact on the prognosis or treatment.

By Thomas A. Moore and Matthew Gaier

14 minute read

June 04, 2013 | 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. write that the determination of whether diagnosis at or near the time of the malpractice would have saved the patient's life can be dependent upon many factors.

By Thomas A. Moore and Matthew Gaier

12 minute read

April 02, 2013 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore review cases demonstrating that while the current version of the Mental Hygiene Law has provided vast improvements to the system for involuntarily psychiatric admissions, occasional errors continue to be made. When those wrongful admissions result from a failure to comply with the statutory procedures or when the determination to admit or retain amounts to medical malpractice, actions seeking damages will lie.

By Thomas A. Moore and Matthew Gaier

15 minute read

October 02, 2012 | New York Law Journal

Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that a notice to admit in a malpractice action should never inquire about the standards of care, causation, or any other matter that is properly the subject of expert opinion, nor should they be used to seek admissions as to any issue that a party should reasonably anticipate to be seriously contested at trial.

By Thomas A. Moore and Matthew Gaier

14 minute read

December 04, 2012 | 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, write that in recent years, a question has been raised as to whether expert affidavits submitted on summary judgment motions should be rejected if an expert disclosure under CPLR 3101(d) was not served prior to the filing of the note of issue.

By Thomas A. Moore and Matthew Gaier

15 minute read

February 07, 2012 | New York Law Journal

In their Medical Malpractice column, Kramer, Dillof, Livingston & Moore partners Thomas A. Moore and Matthew Gaier discuss a case in which a plaintiff settled against a hospital, taking as part of the settlement an assignment of the hospital's rights against the medical practice for which it was vicariously liable, that shows the need for careful drafting of the release of claims to protect the assignment and the right to recover from the putative indemnitor.

By Thomas A. Moore and Matthew Gaier

11 minute read

June 05, 2012 | 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, examine statutory protections and how the courts have interpreted them in addressing discovery issues in medical malpractice and personal injury actions.

By Thomas A. Moore and Matthew Gaier

13 minute read

October 01, 2013 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore discuss res ipsa loquitur, which is most often applied in medical malpractice actions that stem from injuries sustained during surgical procedures, and a recent Court of Appeals decision discussing the doctrine's applicability when the plaintiff alleged a surgeon left a wire in plaintiff's lung intentionally.

By Thomas A. Moore and Matthew Gaier

13 minute read