Dec 19 2008

Law for a SNOW DAY

Welcome to TNYMMLB’s SNOW DAY EDITION.  Today, we talk about, what else, snow. What is a landowner’s duty to those who might walk by or through his land when there is a snow storm?  The Appellate Division, First Department wrote on this as recently as December 9, 2008, in Espinell v. Disckson, NY Slip Op [...]

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Dec 15 2008

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 [...]

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Dec 10 2008

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 [...]

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