Matthew Gaier

February 05, 2013 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore, discuss the Court of Appeals' decision in 'Dupree v. Giugliano' and the opinions of the majority and dissent from the Appellate Division in the same case, and reviews the chronology of the prior case law addressing claims of this nature.

By Thomas A. Moore and Matthew Gaier

14 minute read

December 06, 2011 | New York Law Journal

In their Medical Malpractice column, Kramer, Dillof, Livingston & Moore's Thomas A. Moore and Matthew Gaier discuss the potential pitfalls that must be protected against before giving a hospital or medical group employee a discontinuance, and how to avoid these risks.

By Thomas A. Moore and Matthew Gaier

14 minute read

July 11, 2002 | New York Law Journal

L AST MONTH we examined the case law addressing hospital liability for injuries sustained by patients as a result of negligence in affording privileges to doctors who are not competent.

By Thomas A. Moore And Matthew Gaier

13 minute read

February 10, 2005 | The Legal Intelligencer

It is not uncommon for aliens who enter this country illegally in search of employment to become injured on the job or injured due to medical malpractice or some other tortious conduct.

By Thomas A. Moore and Matthew Gaier

10 minute read

June 06, 2006 | New York Law Journal

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that last month, the Court of Appeals addressed the admissibility of published clinical practice guidelines and relaxed the exclusionary rule, holding that such guidelines may be admitted in evidence under certain circumstances, not for their truth but as demonstrative evidence.

By Thomas A. Moore and Matthew Gaier

14 minute read

June 03, 2003 | New York Law Journal

By Thomas A. Moore And Matthew Gaier

13 minute read

July 06, 2004 | New York Law Journal

Thomas A. Moore and Matthew Gaier, of Kramer, Dillof, Livingston & Moore, cover the changing scene of ex-parte communications with plaintiff's physicians.

By Thomas A. Moore and Matthew Gaier

14 minute read

December 04, 2007 | New York Law Journal

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, end the year discussing an opinion of the Court of Appeals which establishes the first appellate precedent in this state requiring a litigant to affirmatively assist an adversary in procuring private interviews with nonparty witnesses. With this precedent, New York joins the minority of jurisdictions on the issue.

By Thomas A. Moore and Matthew Gaier

14 minute read

February 03, 2009 | 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 whether a physician-patient relationship between the injured person and the doctor whose treatment is being criticized is one of the more vexing issues in medical malpractice litigation and a recurring theme in appellate decisions. One type of case which has often hinged on the determination of whether there was a physician-patient relationship involves a physical examination undertaken not for the purpose of treatment, but to evaluate the person examined for the benefit of third parties such as insurers, employers or adversaries in personal injury litigation. A recent Appellate Division opinion has taken a new view of such cases.

By Thomas A. Moore and Matthew Gaier

14 minute read

December 06, 2005 | New York Law Journal

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that summary judgment motions should be used sparingly by both plaintiffs and defendants. Nevertheless, certain types of malpractice cases are amenable to such motions by plaintiffs. They are viable only when there is no dispute as to the material facts, and when there has clearly been negligence.

By Thomas A. Moore And Matthew Gaier

13 minute read