New York medical malpractice laws Archives - Medical Malpractice Lawyers

New York Appellate Court Orders New Trial Because Medical Malpractice Jury Erroneously Given Error In Judgment Charge

July 22, 2026

Plaintiffs commenced their New York medical malpractice action seeking damages for injuries sustained by Eric C. Burns (plaintiff) as the result of the alleged malpractice of defendant Voytek W. Sobieraj, M.D. At trial, plaintiffs’ expert testified that Sobieraj deviated from medically acceptable [...]

New York Appellate Court Rules Medical Malpractice Defendants Entitled To Summary Judgment On Lack Of Informed Consent Claim

April 22, 2026

Background Facts In 2005, due to a history of pulmonary embolism and deep vein thrombosis, John J. Young (decedent) was prescribed Coumadin by his primary care physician. On November 19, 2013, the decedent presented to the defendant South Bay Cardiovascular (South Bay), complaining of chest pain. Te[...]

New York Governor Wants To Exclude Medical Malpractice Claims From Proposed Law Expanding Wrongful Death Claims

February 2, 2023

Governor Wants To Exclude Malpractice Claims From Law Expanding Wrongful Death Claims: New York Governor Kathy Hochul authored the following editorial in the January 30, 2023 edition of the New York Daily News: “There has been much discussion about the merits of changing New York’s wrongful [...]

New York Appellate Court Reverses Summary Judgment For OB In Failure To Diagnose Cervical Cancer Case

December 2, 2022

The plaintiff’s decedent gave birth at defendant Richmond University Medical Center (“RUMC”) on January 10, 2015. The decedent’s private attending physician, defendant Michael A. Grecco (“Grecco”), treated the decedent. During a prenatal visit on January 6, 2015, [...]

New York Appellate Court Reverses Summary Judgment For OB In Failure To Diagnose Cervical Cancer Case

September 6, 2022

New York Appellate Court Affirms Summary Judgment Inappropriate Against Woman Who Lost Her Foot Due To Medical Malpractice

March 10, 2022

In May 2012, the plaintiff, Maryann Vichlenski (“plaintiff”), presented to the emergency department of the defendant Good Samaritan Hospital Medical Center (“hospital”) complaining of pain and numbness in her left foot. The injured plaintiff was seen by the defendant Adam Sch[...]

New York Appellate Court Refuses To Extend Liability To Physician Who Treated Mental Health Patient Who Later Killed Her Son

May 9, 2021

The New York State Supreme Court, Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held in its Memorandum And Order dated March 19, 2021: “it is well established that the law cannot provide a remedy for every injury incurred . . . Were we to extend defend[...]

New York Appellate Court Discusses Continuous Treatment Doctrine In Medical Malpractice Suicide Case

December 20, 2019

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”), in its opinion dated December 4, 2019, discussed the application of the continuous treatment doctrine in a New York medical malpractice case and held in a split-decisio[...]

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[...]

New York Legislature Considers Date Of Discovery Rule In Medical Malpractice Cases

June 15, 2015

New York is one of the few U.S. states where the medical malpractice statute of limitations begins to run from the date of the alleged negligent act or omission rather than from the date that the patient discovered the medical malpractice or a reasonable person should have discovered the medica[...]

New York Governor Wants To Eliminate Free Consumer Website Listing Physicians Medical Malpractice Histories

February 20, 2015

The Governor of New York stated his intention to eliminate the free consumer website that lists the medical malpractice histories of New York physicians, in his recent $142 billion proposed budget. The free website, which costs the state about $1.2 million per year to operate, was created as a res[...]

Tag: New York medical malpractice laws

New York Appellate Court Orders New Trial Because Medical Malpractice Jury Erroneously Given Error In Judgment Charge

New York Governor Wants To Exclude Medical Malpractice Claims From Proposed Law Expanding Wrongful Death Claims

New York Appellate Court Reverses Summary Judgment For OB In Failure To Diagnose Cervical Cancer Case

New York Appellate Court Reverses Summary Judgment For OB In Failure To Diagnose Cervical Cancer Case

New York Appellate Court Affirms Summary Judgment Inappropriate Against Woman Who Lost Her Foot Due To Medical Malpractice

New York Appellate Court Refuses To Extend Liability To Physician Who Treated Mental Health Patient Who Later Killed Her Son

New York Appellate Court Discusses Continuous Treatment Doctrine In Medical Malpractice Suicide Case

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

New York Legislature Considers Date Of Discovery Rule In Medical Malpractice Cases

New York Governor Wants To Eliminate Free Consumer Website Listing Physicians Medical Malpractice Histories

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