The New York Appellate Division, Second Department (“New York Appellate Court”) held in its decision dated November 25, 2020 in a case filed against a hospital for alleged physical abuse of a vulnerable 19-year-old special needs high school student during… Read More
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New York Appellate Court Orders Summary Judgment For Defendants In Brain Tumor Medical Malpractice Case
The New York Appellate Division, Fourth Department (“New York Appellate Court”), in its opinion entered on November 13, 2020, held, in part: “We further conclude that the court erred in denying the cross motion of Radiology Associates for summary judgment… Read More
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New York Appellate Court Reverses Summary Judgment For LAP-Band Surgeon Based On Insufficient Habit Testimony
The New York Appellate Division, First Department held in its opinion dated November 10, 2020: “we find that even if an appropriate foundation was laid for the habit testimony that defendants’ expert relied on, the motion for summary judgment still… Read More
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New York Appellate Court Affirms $46M Birth Injury Medical Malpractice Verdict
The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion dated November 4, 2020, affirmed a New York birth injury medical malpractice verdict in the amount of $46 million, finding that the jury’s verdict was supported… Read More
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New York Appellate Court Holds Chiropractor Not Qualified To Testify Regarding SOC For Spinal Fusion Surgery
The New York Appellate Division, Third Department (“New York Appellate Court”) held in its opinion dated November 5, 2020 that a chiropractor was not qualified to testify as to the standard of care for a neurosurgeon performing spinal fusion surgery… Read More
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New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The New York Appellate Division, Second Department (“New York Appellate Court”), in its decision dated November 4, 2020, refused to enforce a nursing home arbitration agreement, stating that the nursing home “failed to demonstrate that the resident, or William as… Read More
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New York Appellate Court Discusses Continuous Treatment Doctrine In Medical Malpractice Case
In its October 14, 2020 decision, the New York Appellate Division, Second Department (“New York Appellate Court”) held that the trial court had improperly granted dismissal of the entire New York medical malpractice complaint, stating “we agree with the Supreme… Read More
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New York Appellate Court Overturns Medical Malpractice Verdict Due To Inappropriate Habit Instruction
The New York Appellate Division, Third Department (“New York Appellate Court”), in its decision entered on October 22, 2020, overturned a New York medical malpractice jury’s defense verdict because the trial court inappropriately provided the jury with the habit instruction…. Read More
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New York Appellate Court Affirms PCP Not Entitled To Summary Judgment Where Patient Died In Nursing Home
The Supreme Court of the State of New York Appellate Division: Second Judicial Department (“New York Appellate Court”) affirmed in its Decision & Order dated September 16, 2020 that the decedent’s primary care physician was not entitled to summary judgment… Read More
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New York Appellate Court Rules Referring Attorney For Medical Malpractice Case Was Not Entitled To A Referral Fee
The Supreme Court of the State of New York Appellate Division: Second Judicial Department (“New York Appellate Court”) stated in its Decision & Order dated September 16, 2020: “The plaintiff commenced this action to recover attorneys’ fees from the defendant… Read More
