October 05, 2015 | New York Law Journal
Physician Liability From Collaborative ArrangementsIn 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 ObjectsIn 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 ObjectsIn 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 TreatmentIn 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 TreatmentIn 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 TreatmentIn 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 TreatmentIn 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 FlawedThe 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 FlawedThe 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 InnovationRegulators and innovators face off: preservation versus progress.
By Charley Moore
4 minute read
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