habit testimony Archives - Medical Malpractice Lawyers

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 Overturns Medical Malpractice Verdict Due To Inappropriate Habit Instruction

November 14, 2020

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. The ch[...]

New York Appellate Court Overturns Medical Malpractice Defense Verdict Due To Impermissible Habit Testimony

October 28, 2019

The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“New York Appellate Court”), in its decision filed on October 16, 2019, stated: “The issue on this appeal is whether a physician performing a surgical procedure who has no written record nor[...]

Tag: habit testimony

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

New York Appellate Court Overturns Medical Malpractice Verdict Due To Inappropriate Habit Instruction

New York Appellate Court Overturns Medical Malpractice Defense Verdict Due To Impermissible Habit Testimony

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