This is the inaugural column in what will be a periodic series primarily devoted to appellate decisions affecting medical malpractice litigation from the point of view of a trial judge.
However, in light of the increasing attention that recently has been focused on the rising costs of health care in the United States and the role played by medical malpractice litigation in those costs, and the fact that New York has a significant portion of this type of litigation, it seems appropriate to begin this series by taking a hard look at how the New York state courts are resolving these cases and whether we can do better. This is an important issue for New York because more medical malpractice claims are filed here than in any other state courts.1
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