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 | September 17, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: The foreseeability defense is frequently blended into the issue of causation, but there are clear advantages to the defense where the distinction can be articulated.
New York Law Journal | Expert Opinion
By Thomas A. Moore and Matthew Gaier | August 6, 2018
Summary judgment motions by defendants have become somewhat routine in medical malpractice actions. Not infrequently, the evidence and applicable standards of care offer little or nothing to justify them.
New York Law Journal | Analysis
By Michael J. Hutter | August 1, 2018
In his Evidence column, Michael J. Hutter discusses whether out-of-court material may be the sole or principal basis for an expert's opinion.
New York Law Journal | Analysis
By John L.A. Lyddane | July 16, 2018
Since the amendment of Section 3101(d) in 1985, New York state has required that litigants in medical malpractice cases disclose the substance of the testimony they expect to produce through their expert witnesses at trial.
New York Law Journal | Analysis
By John L.A. Lyddane | May 14, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: Section 1:75 of the Pattern Jury Instructions suggests by its very existence that the jury's attention should be drawn to what we commonly refer to as the “missing witness.” The very title of that section, which includes “Failure to Produce Witness,” has a pejorative tone. Why should the decision of counsel not to call a particular witness be termed a “failure” to do so when the determination of whose testimony is required is such a complex and subjective judgment?
By Jason Grant | April 5, 2018
“A trial court has broad authority to control the courtroom," the panel wrote.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 2, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: A controversy has developed in recent years concerning the form of verdict sheets with regard to damages in wrongful death actions. Specifically, a question has arisen with respect to whether the verdict sheet should have specific interrogatories inquiring as to the wrongful death damages to be awarded to each of the decedent's distributees.
New York Law Journal | Analysis
By John L.A. Lyddane | March 16, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: The notice to admit will remain as a tool among others to be used in preparing the defense as cases approach resolution. The trial courts will be faced with issues resulting from its use, however infrequently.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | February 5, 2018
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: Effective Jan. 31, 2018, New York has adopted a discovery rule applicable to medical malpractice actions stemming from failures to timely diagnose cancer or a malignant tumor.
By Josefa Velasquez | January 29, 2018
Gov. Andrew Cuomo and legislative leaders have reached an agreement on a bill that extends the amount of time a patient has to file a medical malpractice lawsuit for a missed cancer diagnosis.
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