Jun 26 2009

Injury During Adversary’s Medical Exam is Med Mal, Not Negligence

In a decision issued June 24, 2009 by New York’s Court of Appeals, it found that a plaintiff who was injured by the defendant’s examining orthopedist–part of the discovery process in an auto accident case–can bring suit only for medical malpractice, and not standard negligence.  This was the pivotal issue in Bazakos v. Lewis, NY […]

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Jun 22 2009

Arons Authorizations: What They Can Say (in the Second Dept., anyway)

In Arons v. Jutkowitz, et al, 9 N.Y.3d 393, 850 N.Y.S.2d 345, 880 N.E.2d 831 (2007), New York’s Court of Appeals held that plaintiff could be compelled to authorize defense counsel to conduct ex parte, off-the-record interviews with non-party treating physicians, as long as a HIPAA-compliant authorization was utilized.  As helpful as that decision was […]

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Jun 19 2009

Back From the Wars, and Angry at the 1st Dept.

OK, OK, I know it’s been a while since I’ve checked in.  Sorry, but some of us blawgers actually have to try cases now and then.  And as any fellow trial lawyer knows, it is an all-consuming adventure. I’ve been trying to relax a little since returning from the trial wars.  But then I scanned the […]

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