By Josefa Velasquez | January 18, 2018
State Sen. John DeFrancisco, R-Syracuse, told the New York Law Journal on Wednesday afternoon that negotiations on a bill that would extend the time misdiagnosed cancer patients have to sue doctors and hospitals for the error have not been progressing with Gov. Andrew Cuomo's office.
New York Law Journal | Analysis
By John L.A. Lyddane | January 12, 2018
Medical Malpractice Defense columnist John L.A. Lyddane writes: The death of any party to a medical malpractice case during its pendency creates personal jurisdictional issues which require prompt attention in order to avoid the unnecessary expenditure of time and effort, or worse yet an unfortunate outcome.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | December 4, 2017
Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: While recovery for negligent infliction of emotional distress is limited in New York, one area in which such claims have long been permitted involves the interference with the right to the body of a deceased loved one. This right, which exists at common law, is known as the right of sepulcher. A surprising number of actions have been brought against hospitals based upon violations of that right
New York Law Journal | Analysis
By John L.A. Lyddane and Barbara D. Goldberg | November 20, 2017
Medical Malpractice Defense columnists John L.A. Lyddane and Barbara D. Goldberg write: The importance of the defendants' physical examinations of the plaintiff claiming injury in a medical malpractice case should not be underestimated.
By David Klepper, Associated Press | November 15, 2017
Two couples that gave birth to children with a genetic defect later traced back to donated eggs are suing a New York fertility doctor and his clinic.
By Andrew Denney | November 15, 2017
A Bronx jury in a wrongful death case awarded $31 million to the family of an elderly woman who bled to death after allegedly receiving an incorrect heart procedure, though the award was capped at $2.9 million as part of a high-low agreement.
By Andrew Denney | November 7, 2017
A Brooklyn jury in a medical malpractice case awarded more than $26 million to a 7-year-old girl who was born deaf and who suffers from other health problems, issues that her attorney argued could have been mitigated with earlier monitoring of changes in her mother's cervix.
New York Law Journal | Analysis
By Peter A. Kolbert and Andrew S. Kaufman | October 23, 2017
Peter A. Kolbert and Andrew S. Kaufman write: It is time for thoughtful evaluation of New York state's tort laws as they apply to medical malpractice and personal injury cases. Lavern's Law should not be signed into law unless it is part of a broader effort to achieve fairness for all parties in medical malpractice cases.
By Jason Grant | New York Law Journal | October 10, 2017
An Appellate Division, First Department, panel found that issues of fact were raised as to whether Dr. May exacerbated decedent's injuries by advancing the catheter and performing excessive manipulation.
By Jason Grant | New York Law Journal | October 4, 2017
Administrations of an anesthetic were uneventful and successful in sedating the plaintiff and did not cause pain syndrome, the appeals panel ruled.
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