Thomas A Moore

April 07, 2015 | New York Law Journal

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

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

February 03, 2015 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss cases involving a man who was injured after a hospital allowed him to leave the emergency room while intoxicated, and long-arm jurisdiction over out-of-state defendants in medical malpractice actions.

By Thomas A. Moore and Matthew Gaier

14 minute read

February 02, 2015 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss cases involving a man who was injured after a hospital allowed him to leave the emergency room while intoxicated, and long-arm jurisdiction over out-of-state defendants in medical malpractice actions.

By Thomas A. Moore and Matthew Gaier

14 minute read

December 02, 2014 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write that generally, there must be a physician-patient or a hospital-patient relationship for a legal duty of care to exist, upon which liability may be founded. However, the courts have found that under certain circumstances a duty may exist to persons who are not patients.

By Thomas A. Moore and Matthew Gaier

14 minute read

October 07, 2014 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss the Second Department's recent assessment of the scope of the duty of reasonable care owed by laboratories that perform drug testing to the subjects of the testing.

By Thomas A. Moore and Matthew Gaier

11 minute read

August 05, 2014 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier address the components of an effective opening for the jury, as well as the potential legal implications that may lead to the rare dismissal based upon an opening statement.

By Thomas A. Moore and Matthew Gaier

14 minute read

June 03, 2014 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: As health care enterprises continue to expand their businesses regionally and nationally, they may remain beyond the reach of New York courts to answer for injuries they inflict on our residents by improper care or treatment.

By Thomas A. Moore and Matthew Gaier

14 minute read

April 01, 2014 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore write: The provision of health care has never been the exclusive province of doctors, nurses and hospitals, and in recent decades the number of different professions involved in providing medically related services has seemingly grown almost exponentially. When the providers of these allied health care fields perform their functions in a negligent manner, the ramifications can be as severe as any medical malpractice.

By Thomas A. Moore and Matthew Gaier

12 minute read

February 04, 2014 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore write: It has never been the rule of this state that a plaintiff seeking to hold a party vicariously liable for the negligence of another is required to sue the person whose conduct is the basis of the liability, yet in recent years some counsel representing hospitals have attempted to obtain dismissals based on a failure to timely sue the treating doctor. This novel legal strategy is misguided.

By Thomas A. Moore and Matthew Gaier

13 minute read