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 Thomas A. Moore and Matthew Gaier | October 3, 2022
As demonstrated by recent cases, the law pertaining to 'Arons' authorizations is fairly well developed at this point.
New York Law Journal | Analysis
By John L.A. Lyddane | September 16, 2022
The trial and appellate courts recognize that the causation element is vital to the plaintiff's prima facie case, and that without both factual and expert support for the causal link, there is no issue of fact for the jury. The court will rule on the issue as a matter of law, but it is incumbent upon defense counsel to identify the causation defenses and develop them to provide a basis for their determination as a matter of law.
By Jason Grant | August 11, 2022
A state appeals court has reversed a Brooklyn Supreme Court's dismissal of a medical malpractice lawsuit against Mount Sinai Hospital, ruling that the trial court "inappropriately relied upon the plaintiff's general delay in prosecuting the action" and that dismissing the suit amounted to as "drastic remedy" only deserved where there 's a clear failure to comply with discovery demands.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 1, 2022
This column discusses the Dead Man's Statute and decisional law addressing its potential application in both circumstances.
New York Law Journal | Analysis
By John L.A. Lyddane | July 15, 2022
In his Medical Malpractice column, John L.A. Lyddane reviews case law relating to how the courts have treated non-physician witnesses in the past in order to predict how a proposed expert will be received. How will the court exercise its discretion on the scope of the admissible testimony?
New York Law Journal | Analysis
By Alan W. Clark | June 29, 2022
It is readily apparent that proving bad faith against an insurer for failure to settle within the policy limits is very difficult, especially in medical malpractice cases where there are usually opposing experts for each side raising questions about the defendant's liability.
New York Law Journal | Analysis
By Jeff S. Korek and Abe Melamed | June 8, 2022
As it stands today, and as it is unlikely to change without an act of the state legislature, a plaintiff who is the victim of blatant medical malpractice but does not become aware of it until after two-and-a-half years from the initial treatment date, will not have any recourse if the condition is not either cancer or a malignant tumor.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | June 6, 2022
A person's right to decide to forgo life-sustaining treatment is recognized in this state, but whether a violation of that right gives rise to liability in tort has somehow been called into question.
New York Law Journal | Analysis
By John L.A. Lyddane | May 16, 2022
In his Medical Malpractice column, John Lyddane uses extensive case law to discuss how the Bill of Particulars serves as a valuable guide to avoid prejudice when, for example, new claims and theories of recovery are brought up once a medical malpractice case goes to trial. "When the court is called upon to resolve disputes over the appropriate bounds of discovery, it necessarily examines the Bill of Particulars and the parameters of the claim."
By Jane Wester | April 20, 2022
Attorneys representing the medical professionals named as policyholders on the insurance policies argued that the money should go to their clients.
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