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Medical Malpractice

Will Malpractice Statute of Limitations Be Expanded?

Published June 21, 2016 |

Currently the Statute of Limitations for Medical Malpractice in New York is 2 1/2 years from the malpractice itself. Some lawmaker’s are pushing for a change to a statute of limitations that would  start when the error or misdiagnosis was discovered.  The victim would then have 15 months to commence suit. The push for this… read more

Do e-mails With Your Doctor Constitute Continuing Treatment?

Published April 13, 2016 |

In Caesar v. Brookman, Judge Alice Schlesinger, (Supreme Court, N.Y. County) addressed the issue of whether the plaintiff filed his complaint before the statute of limitations had run. In answering that question, the Court had to consider whether e-mails exchanged by the plaintiff and defendant/physician on September 30, 2012 triggered the continuous treatment doctrine such that… read more

Court of Appeals decision of Davis v. South Nassau Communities Hospital Expands Potential Litigation Against Medical Providers

Published December 22, 2015 |

On December 16, 2015, the Court of Appeals published its decision in Davis v. South Nassau Communities Hospital, holding that the hospital and its physicians could be held responsible under a theory of medical malpractice for a car accident allegedly caused by a patient who was discharged earlier in the day without warning that the… read more

Lewis Johs Attorneys Kevin G. Mescall and Adam H. Silverstone Author Two State-Specific Legal Malpractice Law Sections for New 50-State Compendium

Published November 4, 2015 |

Attorneys Kevin G. Mescall and Adam H. Silverstone recently authored the New York and Rhode Island state-specific sections of a new 50-state Survey of the Law of Legal Malpractice.  Compiled and published by the Professional Liability Group of the Primerus Defense Institute, the compendium provides an informative overview of the legal malpractice laws in each… read more

Patient Assaulting other Patient at Hospital Facility- Are the Assaulters Records Discoverable?

Published November 2, 2015 |

Where one patient is assaulted by another, plaintiff must prove that the facility knew or should have known of the assaultive patients “violent propensities” and, with that knowledge, supervised the assaultive patient more appropriately preventing the assault. See Williams v. Bayley Seton Hospital, 112 A.D.3d 917 (2nd Dep’t 2013); Royston v. Long Island Medical Center,… read more

Assembly Passes Med Mal Statute of Limitations Bill, But its Fate Remains Unclear

Published June 27, 2015 |

Currently malpractice claims must be filed within 2 1/2 years of when an act, omission or improper treatment occurred. The newly proposed Bill (A285/S911) would allow the statute of limitations to begin within 2 1/2 years of when a person discovers that an actionable injury occurred. Assembly members approved the measure 99-23. The bill is… read more

Foreign Object Revives Medical Malpractice Case

Published June 16, 2015 |

CPLR § 214-a. provides that an action for medical, dental or podiatric malpractice must be commenced within two years and six months, except under certain circumstances.  In particular, where the action is based upon the discovery of a foreign object in the body of the patient, in which case, the action may be commenced within one year of the… read more

Suicide May Equal Medical Malpractice According to Albany’s Court of Claims

Published June 9, 2015 |

In April 2011, a 52 year old woman with a history of mental illness hung herself in the shower room of her Psychiatric Center. The court held, “the claimant has established, by a preponderance of the credible evidence, that defendant deviated from accepted medical standards, and that such deviation was a proximate cause of death,”…. read more

Can a Hospital be held liable for Negligent Hiring where the Med Mal Claim was Dismissed?

Published February 15, 2015 |

On January 20, 2015, Judge Katherine Polk Failla of the United Stated District Court, Southern District of New York, rendered a decision favorable to defense of hospitals or professional practices defending negligent hiring and supervision claims in Zeak v. U.S.A. The court ruled that since the court dismissed the medical malpractice claim, the negligent hiring… read more

Court Bars Plaintiff From Expanding Statute of Limitations by Pleading Fraud

Published February 15, 2015 |

On January 13, 2015, Justice Thomas Feinman, Justice of the Supreme Court, Nassau County, issued an order in Freely v. Donnenfeld denying plaintiff’s motion to amend the complaint to add claims for fraud and breach of fiduciary duty in a medical malpractice action. In doing so, the court ruled that a physician’s concealment of, or… read more

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