New York Medical Malpractice Archives - Page 13 of 20

New York’s “Lavern’s Law” Signed Into Law

February 2, 2018

On January 31, 2018, New York Governor Andrew Cuomo signed into law “Lavern’s Law,” which changes the medical malpractice law in New York so that the two-and-a-half year statute of limitations in New York medical malpractice cancer cases begins to run on the date of discovery of th[...]

New York’s Highest Appellate Court Decides Wrongful Birth Claim Begins To Run At Date Of Birth

December 26, 2017

The New York Court of Appeals, New York’s highest appellate court, held in its opinion filed on December 14, 2017 that the statute of limitations for wrongful birth claims in New York begins to run on the date of birth, and not on the date of the alleged medical negligence. The Court of Appeal[...]

New York Appellate Court Finds Sufficient Evidence Of Causation In Misdiagnosis Of 9-Year-Old’s Appendicitis

December 20, 2017

In its Memorandum and Order filed on December 7, 2017, the New York Supreme Court, Appellate Division, Third Department (“New York Appellate Court”) held that the New York medical malpractice plaintiffs had submitted sufficient evidence during trial with regard to causation and damages t[...]

$26M New York Medical Malpractice Verdict For Failure To Timely Respond To Problem Pregnancy

November 20, 2017

In late October 2017, a New York medical malpractice jury returned its verdict in excess of $26 million in favor of the now seven-year-old plaintiff who suffered severe physical injuries, including deafness, and emotional injuries due to the alleged medical negligence of the defendant hospital where[...]

New York Appellate Court Reverses Summary Judgment For One Physician Where Both Defendant Physicians Said The Other Caused The Plaintiff’s Injury

November 10, 2017

The October 10, 2017 Decision and Order of the New York Supreme Court, Appellate Devision, First Department (“New York Appellate Court”) reversed the summary judgment that the trial court had entered in favor of one of the two defendant surgeons who were both sued by the plaintiff on beh[...]

New York Appellate Court Discusses Medical Malpractice Claims For In Utero Injuries

October 29, 2017

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) stated in its Memorandum and Decision dated October 6, 2017 that in a New York medical malpractice action brought by the mother where an infant is injured in utero as a [...]

New York Appellate Court Affirms $1M Medical Malpractice Verdict For Perforated Colon During Colonoscopy

September 11, 2017

In its decision filed on August 23, 2017, the Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”) affirmed the $1 million New York medical malpractice jury award in favor of the plaintiffs in a case involving an undiagnosed p[...]

New York Appellate Court Says Swallowed Camera Capsule Not A Foreign Object That Tolls Statute Of Limitations

June 30, 2017

In its decision filed on June 7, 2017, the Supreme Court of the State of New York Appellate Division: Second Judicial Department (“New York Appellate Court”) held that a camera capsule swallowed by the plaintiff in order to diagnostically visualize the condition of the plaintiff’s inte[...]

Proposed Law Would Extend New York’s Statute Of Limitations For Certain Medical Malpractice Claims

June 25, 2017

New York’s current statute of limitations for medical malpractice claims is two years and six months from the date of the alleged medical negligence, regardless whether the medical negligence and the harm caused by the medical negligence are known to the medical malpractice victim within the t[...]

New York Appellate Court Affirms Orthopedic Surgeon Not Liable To Patient For Failure To Diagnose Lung Cancer

June 3, 2017

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”) held in its decision filed on May 10, 2017 that the defendant orthopedic surgeon’s duty of care as an orthopedic surgeon did not extend to the alleged departure[...]

New York Trial Judge Upholds $7.5M Medical Malpractice Verdict Against Fertility Clinic

May 29, 2017

A New York trial judge has upheld a New York medical malpractice jury’s award in the amount of $7.5 million to the parents of a child born with cystic fibrosis. The defendant, a New York fertility clinic, allegedly failed to perform a genetic test for cystic fibrosis before the couple had fer[...]

New York Appellate Court Disallows Use Of Plaintiff’s Facebook Pages During Medical Malpractice Trial

May 15, 2017

In its opinion filed on April 26, 2017, the Supreme Court of the State of New York Appellate Division: Second Judicial Department (“New York Appellate Court”) held that the New York medical malpractice defendants would not be allowed to offer as evidence printouts of what they purported [...]

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Category: New York Medical Malpractice