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Moore

Moore

October 05, 2015 | New York Law Journal

Physician Liability From Collaborative Arrangements

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided by other health-care professionals, such as nurse practitioners and midwives, who are required to collaborate with physicians. But that collaboration can lead to liability for physicians who fail to provide proper supervision or oversight.

By Thomas A. Moore and Matthew Gaier

14 minute read

August 04, 2015 | New York Law Journal

Recent Decision on Foreign Objects

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write that although New York does apply a limited discovery rule when a foreign object is left in a patient's body, it has been construed so narrowly as to render it inapplicable to a broad variety of objects left in patients during surgical and other invasive procedures. However, in a recent decision the Court of Appeals has signaled that the restrictions imposed on this ameliorative rule have their limits.

By Thomas A. Moore and Matthew Gaier

13 minute read

August 03, 2015 | New York Law Journal

Recent Decision on Foreign Objects

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write that although New York does apply a limited discovery rule when a foreign object is left in a patient's body, it has been construed so narrowly as to render it inapplicable to a broad variety of objects left in patients during surgical and other invasive procedures. However, in a recent decision the Court of Appeals has signaled that the restrictions imposed on this ameliorative rule have their limits.

By Thomas A. Moore and Matthew Gaier

13 minute read

June 02, 2015 | New York Law Journal

Additional Recent Decisions on Continuous Treatment

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write that where applicable, the continuous treatment doctrine permits medical malpractice actions to be brought beyond the statutory two-and-a-half year period after the malpractice. Recent decisions demonstrate that whether the ongoing treatment is related to the original condition remains a significant factor in determining the applicability of the doctrine.

By Thomas A. Moore and Matthew Gaier

13 minute read

June 01, 2015 | New York Law Journal

Additional Recent Decisions on Continuous Treatment

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write that where applicable, the continuous treatment doctrine permits medical malpractice actions to be brought beyond the statutory two-and-a-half year period after the malpractice. Recent decisions demonstrate that whether the ongoing treatment is related to the original condition remains a significant factor in determining the applicability of the doctrine.

By Thomas A. Moore and Matthew Gaier

13 minute read

April 07, 2015 | New York Law Journal

Recent Decision on Continuous Treatment

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier analyze a First Department's decision that upheld a jury verdict finding continuous treatment following Lasik surgery to treat the plaintiff's myopia, based in large part on the defendant's assurance of a lifetime guarantee.

By Thomas A. Moore and Matthew Gaier

15 minute read

April 06, 2015 | New York Law Journal

Recent Decision on Continuous Treatment

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier analyze a First Department's decision that upheld a jury verdict finding continuous treatment following Lasik surgery to treat the plaintiff's myopia, based in large part on the defendant's assurance of a lifetime guarantee.

By Thomas A. Moore and Matthew Gaier

15 minute read

March 20, 2015 | Daily Business Review

Proposed Parental Time-Sharing in Divorce May Be Flawed

The change in SB 1248 to a presumption of time-sharing equality may be a transition toward the best interest of parents, instead of the best interest of the children, which does not further the public policy of this great state.

By Sheryl A. Moore

4 minute read

March 20, 2015 | Daily Business Review

Proposed Parental Time-Sharing in Divorce May Be Flawed

The change in SB 1248 to a presumption of time-sharing equality may be a transition toward the best interest of parents, instead of the best interest of the children, which does not further the public policy of this great state.

By Sheryl A. Moore

4 minute read

February 06, 2015 | Legaltech News

Regulations Need Not Stifle Innovation

Regulators and innovators face off: preservation versus progress.

By Charley Moore

4 minute read