Tag Archives: medical malpractice
Nassau County Court Decides Issues of Medical Malpractice, Negligence and Punitive Damages in Wrongful Death Case
The case of D’Alessandro v. Nassau Health Care Corp. involved a mother whose son was hit by a car and later died after receiving treatment at the hospital. The mother believed medical errors caused her son’s death, and she sued several doctors and the hospital for negligence, medical malpractice and wrongful death. Both sides… Read More »
Appeals Court Reinstates Bronx County Medical Malpractice Birth Injury Case
Last month, the New York court of appeals reversed the 2013 decision of a Bronx County trial judge who had dismissed a medical malpractice birth injury case based on the defendant hospital’s motion for summary judgment (judgment without a trial). The appeals court held that the plaintiff had raised sufficient questions so that there… Read More »
Staten Island Judge Rules on Lack of Informed Consent in Medical Malpractice Case
Recently, Judge Minardo of the New York Supreme Court, Richmond County, ruled on a summary judgment motion in the case of James v. DeCorato. The plaintiff in this case sued her doctor for medical malpractice following a series of cosmetic surgery procedures. The judge granted the defendants’ motion for summary judgment, dismissing the case… Read More »
Court Dismisses Case Against Medical Device Maker
On December 2nd, the Supreme Court, New York County, granted summary judgment in favor of a pharmaceutical giant which was being sued for promoting the off-label use of its medical device in a way which harmed the patient. Although the manufacturer has been dismissed from the lawsuit, the case will continue against the doctors… Read More »
Why is This State Different from Other States? New York is odd man out when it comes to medical malpractice law
In most New York personal injury cases, there is a three-year statute of limitations, meaning that you have three years from the date of the accident to file a lawsuit. If you miss that deadline, you can be prohibited from suing. In medical malpractice cases, however, the statute of limitations is only 2 and… Read More »
Trial Underway in Michael Jackson Wrongful Death Case
Opening statements began Monday, April 29th, in the wrongful death lawsuit brought by the mother and children of pop icon Michael Jackson against Anschutz Entertainment Group (AEG), the megalithic entertainment company which was organizing a series of concerts for Michael Jackson at the time of his demise. The first week of trial brought testimony… Read More »
How Much “Medical” is Necessary for Medical Malpractice?
Civil actions utilize various statutes of limitations to assist in judicial efficacy. Generally, the statute of limitations for negligence actions is three years- but there are exceptions. For example, medical malpractice, although technically a negligence action, is bound by a 2 ½ year limit. This difference often leads to judicial wrangling with the definition… Read More »
