The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion issued on March 24, 2021, held in a New York wrongful birth medical malpractice action, “The record demonstrates a triable issue of fact as to whether… Read More
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Federal Appellate Court Returns Medical Malpractice Case To Federal Court
The United States Court of Appeals for the Second Circuit (“Federal Appellate Court”), in its decision dated January 26, 2021, held: “Razmzan was acting within the scope of his employment when he performed the delivery services. Razmzan was fulfilling his… Read More
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New York Appellate Court Rules 2 ER Visits 2.5 Years Apart Not Subject To Continuous Treatment Doctrine
In its Decision and Order dated January 28, 2021, the Supreme Court of the State of New York Appellate Division, First Judicial Department (“New York Appellate Court”) held: “Supreme Court properly dismissed plaintiff’s action against Montefiore [Montefiore Medical Center] on… Read More
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New York Appellate Court Affirms Defendants Not Entitled To Summary Judgment In Vasectomy Malpractice Case
The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held in its Memorandum and Order entered on December 23, 2020 that the medical malpractice defendants were not entitled to summary judgment… Read More
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New York Appellate Court Affirms Medical Malpractice Claim Barred By Workers’ Compensation Law
In its Decision and Order filed on January 14, 2021, the Supreme Court of the State of New York Appellate Division, First Judicial Department (“New York Appellate Court”) held: “Plaintiff’s medical malpractice claim against Dr. Delfin is barred by the… Read More
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New York Appellate Court Reverses Summary Judgment Granted To Some Medical Malpractice Defendants In Gallbladder Surgery Case
The New York Supreme Court Appellate Division, Second Department (“New York Appellate Court”), in its decision dated January 13, 2021, reversed the lower court’s granting summary judgment in favor of some of the New York medical malpractice defendants in a… Read More
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$1.95M Medical Malpractice Verdict Involving Buffalo VA Medical Center For Failure To Diagnosis Throat Cancer
On December 28, 2020, a federal judge ruled against the U.S. and in favor of a 76-year-old former Marine who had served in Vietnam in his medical malpractice lawsuit that alleged that a CT scan of his neck performed at… Read More
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New York Appellate Court Finds No Private Cause Of Action Against Hospital For Violation Of Article 11 Of The Social Services Law
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
