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
By Greg Land | January 31, 2019
The plaintiffs, patient Helen Medina and her husband, are represented by John Wisell and Nancy McGee of Wisell, McGee & Romano of Kew Gardens, New York.
New York Law Journal | Analysis
By John L.A. Lyddane | January 14, 2019
In his Medical Malpractice Defense column John L.A. Lyddane discusses how to approach the defense of the informed consent claim at trial. He writes: In the proper context, the defense should be able to demonstrate that although the outcome was undesirable, the decision to accept the risk prior to the procedure was a rational one and a reasonably prudent person would not have refused consent.
By Andrew Denney | January 10, 2019
The indemnity fund was created in 2011 to pay the future costs portion of verdicts and settlements in malpractice suits for birth-related brain injuries.
By Jason Grant | January 7, 2019
In reversing the trial court's dismissal, an Appellate Division, Second Department, panel has ruled that a stroke victim who fell from his hospital bed “raised triable issues of fact” regarding whether North Shore University Hospital and a treating physician departed from accepted practice and whether the fall caused his condition to worsen.
By Andrew Denney | December 14, 2018
The late Brooklyn District Attorney Kenneth Thompson's widow, who has clashed with the deceased DA's relatives in court over dividing his estate, is in another court battle with Mount Sinai Hospital and other defendants alleging that they failed to timely diagnose his colorectal cancer.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | December 3, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: In recent years there have been several changes to the CPLR that make it easier for litigants to compel the production of, and admit, evidence at trial. These statutory amendments can be particularly helpful in medical malpractice actions, and are the subject of this column.
By Jason Grant | November 28, 2018
Citing the treating physicians' deposition testimony and extensive medical records, the First Department panel wrote that in response to hospital questioning, the patient consistently denied having suicidal thoughts or ideation while stating that his anxiety stemmed in part from an uncomfortable living situation.
New York Law Journal | Analysis
By John L. A. Lyddane | November 19, 2018
Medical Malpractice Defense columnist John L.A. Lyddane discusses procedure-related nerve injury and how it is frequently unrelated to deficient medical care. He writes: “Careful development of the facts and expert review are needed to be able to demonstrate that factors beyond the control of the health care providers account for the unfortunate outcome.”
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | September 28, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier discuss the issue and implications of double defense representation in light of a recent decision by the Third Department in 'Lasher v. Albany Mem. Hosp.', the first case to tackle the issue in the medical malpractice context.
New York Law Journal | Analysis
By Ralph A. Catalano | September 27, 2018
No matter the reasons driving the decision to retain one lawyer for many defendants, the possibility that conflicts of interest may emerge among the clients lurks ominously over the entire arrangement, potentially threatening any prospect of a harmonious defense, and perhaps resulting in an ethical calamity for the attorney.
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