Counterintuitive Case Law from the Second Dept.
As practitioners of personal injury and medical malpractice law, most of us know the difference between standard negligence, and medical malpractice, even though both can occur in a hospital or doctor’s office setting. Letting a patient who is about to be operated on fall off the surgical table so that he breaks his hip would [...]
Physicians Speak Out Against FDA’s Lax Methodology
Way back on July 11, 2008, I wrote about physician/editors at THE NEW ENGLAND JOURNAL OF MEDICINE who had grave concerns about consumers of American medical care, and users of American medical devices, given the often less-than-optimal testing of drugs and devices by the FDA prior to their approval for use on or in patients. Their concerns extended [...]
Cases of Interest
When commencing a medical malpractice lawsuit in New York State, plaintiffs, and especially, plaintiff’s attorneys, must be aware of the necessity of filing a proper and timely Notice of Claim where applicable, or they may forever lose the ability to bring suit. This hard lesson was brought home again in a newly decided case in the First [...]