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Decisions Apply Lavern's Law in Medical Malpractice Suits
"The statute begins to run under the discovery rule not when the patient was diagnosed with cancer, but when patient knew ... that there was negligence," write Thomas A. Moore and Matthew Gaier.Recent Appellate Decisions on Discovery
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.Bills of Particulars and Partial Summary Judgment
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.Spoliation of Evidence in Malpractice Actions
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.Equitable Estoppel and Public Hospitals
When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.View more book results for the query "Thomas A. Moore and Matthew Gaier"
Discovery of Surveillance Video in Medical Malpractice Actions
In personal injury and medical malpractice actions in which plaintiffs have alleged they sustained injuries that have impaired their abilities to engage in their normal activities, it is not uncommon for the defendants to hire investigators to surveille and make video recordings of the plaintiff that may appear to refute, or confirm, the nature and degree of the impairment.Certificate of Merit: Courts Continue to Grapple With Requirement
Although it is a fairly simple procedure, it has occasionally necessitated litigation over the impact of a failure to so certify, as well as the nature of the certification required in certain types of cases. Thirty-seven years after the passage of this requirement, the courts continue to grapple with these questions.Update on COVID Issues: Court Decisions Regarding Immunity
In their last Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several court decisions related to immunity temporarily given to health care professionals and facilities during the COVID-19 pandemic.Implied Physician-Patient Relationships in Obstetrical Cases
In their last Medical Malpractice column, Thomas Moore and Matthew Gaier reviewed several decisions relating to implied physician-patient relationships. In this column, they continue with that theme, exploring decisions addressing implied physician-patient relationships in the context of obstetrical care.Implied Physician-Patient Relationships
Although there are limited circumstances in which a physician will be deemed to owe a duty of care to a non-patient, even in those cases the duty flows from a physician-patient relationship with someone else.Trending Stories
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