Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By John L.A. Lyddane | October 14, 2020
The neatly divided roles of fact witness, expert witness and finder of fact are understandable in theory, but have not always been easy to apply to the evidence in a given case, as explored by John L.A. Lyddane in his column on Medical Malpractice Defense.
New York Law Journal | Expert Opinion
By Alan W. Clark | October 14, 2020
In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | October 5, 2020
In this month's column, Medical Malpractice writers, Thomas A. Moore and Matthew Gaier, focus on the circumstances under which referring physicians may be held liable.
New York Law Journal | Expert Opinion
By Robert B. Gibson | September 22, 2020
Exploring the extent to which jurors would be allowed to hear testimony from defendant healthcare providers regarding their involvement in the treatment of COVID-19 patients.
New York Law Journal | Analysis
By Sharon M. Porcellio | July 29, 2020
In her Western District Roundup, Sharon M. Porcellio discusses a case in which defendants, manufacturers/marketers of the medical device, brought a motion to dismiss arguing that plaintiffs' claims were preempted by federal law.
New York Law Journal | Analysis
By John L.A. Lyddane | July 20, 2020
In his column on Medical Malpractice Defense, John L.A. Lyddane discusses access to the records of a patient's psychiatric treatment.
New York Law Journal | Expert Opinion
By James P. Fitzgerald and John M. Daly | July 9, 2020
Alternative litigation financing for infants in birth injury medical malpractice cases in New York levels the playing field.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 1, 2020
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier review pertinent executive orders that tolled statutes of limitations and analyze them in relation to the decisional law and prior executive orders issued in response to different emergencies.
New York Law Journal | Analysis
By Alan W. Clark | May 28, 2020
Courts must consider whether habit or circumstantial evidence belongs to the creative imagination of the party or attorney and is being used in such a way to unjustifiably excuse an act or omission of carelessness or negligence when the party has no recollection of the events.
New York Law Journal | Analysis
By Alan W. Clark | May 27, 2020
Can evidence of a health care provider's custom and practice be admissible at trial as habit evidence to prove a fact or standard of care? Can such evidence be proof in support of due care or lack thereof sufficient to support or oppose a motion for summary judgment for or against a party? Can such evidence arise from a creative imagination and be a poor excuse for medical negligence?
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