The Legal Intelligencer | Commentary
By Nicholas Sandercock | April 4, 2019
Electronic health records (EHR) are as common in the modern health care landscape as needles and syringes. This is thanks in large part to the Health Information Technology for Economic and Clinical Health Act (HITECH), created in 2009.
New York Law Journal | Analysis
By Michael J. Hutter | April 3, 2019
In his Evidence column, Michael J. Hutter discusses the background, outcome and takeaways from the Third Department decision in 'Wrubleski v. Mary Imogene Basset Hosp.', in which the Appellate Division addressed the legal/non-legal distinction of client communications in the context of determining whether a client's written notes made post-accident setting forth her account of how she was injured, the medical treatment she received for her injuries, and the medications she took during her post-operative care, could be viewed as a privileged confidential communication.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 1, 2019
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 Raychel Lean | April 1, 2019
South Florida jurors sided with the family of former Chicago lawyer Richard Puchalski, who claimed a cruise ship doctor gave him medication that caused a deadly heart attack.
By Raychel Lean | April 1, 2019
South Florida jurors sided with the family of former Chicago lawyer Richard Puchalski, who claimed a cruise ship doctor gave him medication that caused a deadly heart attack.
By Jason Grant | March 28, 2019
A state appeals court decided on Thursday that a medical-malpractice claim lodged against surgeon Dr. Elliot Goodman had been properly dismissed because “under the particular circumstances in this case, defendant, as the patient's surgeon, did not owe patient a duty to manage his medication in the ICU.”
By Jonathan Ringel | March 28, 2019
The case involves a doctor who sued his insurers for disability benefits before a patient sued him for medical malpractice.
By Jonathan Ringel | March 28, 2019
The case involves a doctor who sued his insurers for disability benefits before a patient sued him for medical malpractice.
New York Law Journal | Analysis
By John L.A. Lyddane | March 27, 2019
In his Medical Malpractice Defense column, John L.A. Lyddane writes: In a case brought to trial 10 or more years after the alleged acts of negligence, it is especially important that the claims to be tried have been identified, investigated, and subject to complete discovery. It is the responsibility of defense counsel to see that claims as to which there has been insufficient notice and an inadequate opportunity to defend are not advanced at trial.
By Jason Grant | March 19, 2019
The plaintiff, an engineer, suffered the tear to his urethral wall during a routine cystoscopy exam performed by a defendant urologist, after he'd gone to the doctor complaining of blood in his urine. He had one surgery aimed at correcting recurring problems and plans another.
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