Credit: Shutterstock Recent Appellate Decisions: Pretreatment Agreements, Ex Parte Interviews
As demonstrated by recent cases, the law pertaining to 'Arons' authorizations is fairly well developed at this point.
October 03, 2022 at 11:15 AM
12 minute read
Three years ago, we discussed the trial level decision in Mercado v. Schwartz, 63 Misc.3d 362 (Sup. Ct., Suffolk Co., 2019), which held void and unenforceable an agreement, signed by the plaintiff prior to undergoing treatment by the defendant doctor, that imposed various requirements on any subsequent malpractice action. See Moore and Gaier, New Approach to Pretreatment Agreements Held Unenforceable, NYLJ, Oct. 1, 2019, p. 3. The Appellate Division, Second Department, recently affirmed that holding in a detailed opinion, Mercado v. Schwartz, ___ A.D.3d ___, 2022 WL 3395569 (2d Dept. 2022), which is one of the subjects of this column.
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