Moore

February 03, 2020 | New York Law Journal

The theory behind the common law "emergency doctrine" is that a person in such a situation cannot reasonably be held to the same accuracy of judgment or conduct as someone who has an opportunity to reflect, even if the decision turns out to be wrong. The need for the emergency doctrine has been called into question in recent years based on principles of comparative negligence and the ability of juries to apportion fault. As Thomas A. Moore and Matthew Gaier discuss in this edition of their Medical Malpractice column, while some states have abolished the doctrine altogether, New York has not gone so far.

By Thomas A. Moore and Matthew Gaier

13 minute read

December 02, 2019 | New York Law Journal

In most medical malpractice actions, the defendants and other medical professionals who rendered the care and treatment that is the subject of the lawsuit do not have specific recollections of all of the events. Therefore, they often testify about their custom and practice. In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a handful of significant decisions on the issue of the admissibility of evidence of habit or routine practice.

By Thomas A. Moore and Matthew Gaier

14 minute read

October 30, 2019 | The Legal Intelligencer

Many employers have come under fire recently for grooming policies targeting predominantly African American hairstyles, such as dreadlocks.

By Autumn L. Moore

6 minute read

September 30, 2019 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a recent trial level decision that addressed what appears to be a new approach by some health care providers to impede potential malpractice actions before rendering treatment. In a detailed analysis reminiscent of the decisions assessing exculpatory releases, Justice Sanford N. Burland concluded that the challenged provisions were unenforceable.

By Thomas A. Moore and Matthew Gaier

13 minute read

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

November 16, 2018 | Legaltech News

During a company's process of creating their mock letter, they will undoubtedly expose weaknesses in their systems, procedures, policies and responsibilities. This gives time to start addressing these problems proactively.

By Stephen Moore, Exabeam

6 minute read