New York Medical Malpractice Archives - Page 8 of 20

New York Appellate Court Affirms Gynecologist Not Entitled To Summary Judgment In Essure Malpractice Case

March 29, 2021

The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“New York Appellate Court”) held in its decision dated March 10, 2021, “the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint insofar a[...]

Federal Appellate Court Returns Medical Malpractice Case To Federal Court

March 22, 2021

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 contractual duties to HRHC[...]

New York Appellate Court Reverses Summary Judgment For Defendants In Dental Malpractice Case

March 12, 2021

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”), in its Memorandum and Opinion entered on February 11, 2021, reversed summary judgment granted to the defendant dentist and defendant oral surgeon in a dental malpractic[...]

New York Appellate Court Rules 2 ER Visits 2.5 Years Apart Not Subject To Continuous Treatment Doctrine

February 23, 2021

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 the[...]

New York Appellate Court Affirms Defendants Not Entitled To Summary Judgment In Vasectomy Malpractice Case

February 16, 2021

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 in a New York medical malprac[...]

New York Appellate Court Affirms Medical Malpractice Claim Barred By Workers’ Compensation Law

February 12, 2021

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 Workers’ Compensation Law [...]

New York Appellate Court Reverses Summary Judgment Granted To Some Medical Malpractice Defendants In Gallbladder Surgery Case

February 1, 2021

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 case involving gallbladde[...]

$1.95M Medical Malpractice Verdict Involving Buffalo VA Medical Center For Failure To Diagnosis Throat Cancer

January 23, 2021

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 the Buffalo VA Medical Center in September 2013 was misread as normal and the rad[...]

New York Appellate Court Finds No Private Cause Of Action Against Hospital For Violation Of Article 11 Of The Social Services Law

December 18, 2020

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 a multiple-day psychiatric stay [...]

New York Appellate Court Orders Summary Judgment For Defendants In Brain Tumor Medical Malpractice Case

December 9, 2020

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 dismissing the amended com[...]

New York Appellate Court Reverses Summary Judgment For LAP-Band Surgeon Based On Insufficient Habit Testimony

December 4, 2020

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 should have been denied. Where habit ev[...]

New York Appellate Court Affirms $46M Birth Injury Medical Malpractice Verdict

November 29, 2020

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 by the evidence introduce[...]

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Category: New York Medical Malpractice