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 Marsha L. Steinhardt | June 14, 2024
In this article, Marsha L. Steinhardt makes a case for why mediation would be a great option specifically for medical malpractice cases, highlighting some key examples of its benefits.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 3, 2024
Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
By Ellen Bardash | May 28, 2024
A jury has found Westchester Medical Center owes $23.3 million for failing to prevent a man being treated for a traumatic brain injury from suffering…
New York Law Journal | Analysis
By John Lyddane | May 28, 2024
Over the course of discovery in a complex medical malpractice case, it is expected that issues will arise as to the doctor's vicarious liability for others involved in the patient's care. Knowing where the distinctions are drawn will be helpful to the defense of your physician client.
By Brian Lee | May 24, 2024
The panel said a 2005 high court decision doesn't bar a plaintiff mother's claim for emotional harm resulting from a lack of informed consent for certain prenatal procedures.
By Emily Saul | April 19, 2024
The Appellate Division, First Department on Thursday remitted negligence claims over destroyed embryos to the trial court, but upheld the dismissal of medical malpractice claims.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 1, 2024
In its recent decision in 'Carroll v. Niagara Falls Memorial Medical Center', the Fourth Department held that partial summary judgment should be granted only as to theories or claims of malpractice that were not addressed, and that an expert affirmation submitted in opposition is not required to address every allegation in a bill of particulars.
New York Law Journal | Analysis
By John Lyddane | March 21, 2024
It is a broadly accepted principle of damages under New York tort law that no recovery should be allowed for losses in which the person injured could have prevented by reasonable effort. A review of the reported decisions on point reveals that issues of mitigation of damages are often litigated in architectural and legal malpractice cases, but less so in medical malpractice cases.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | February 5, 2024
There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
By ALM Staff | February 1, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
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