First Dept. Allows Room for Unpleasant Surprise
The Appellate Division, First Dept., has issued a decision saying that it’s OK to change experts during the trial, as long as your CPLR 3101(d) exchange put your opponent on fair notice of the substance of the expert’s testimony, and the substituted expert conforms to what was promised when he testifies. In S & W [...]
Trial Lawyers Are Good.Their FL Website is Crass. A Dr. is a Criminal.
The Wall Street Journal’s Law Blog shines a light on something that is more than just medical malpractice. It is criminal enterprise. This story concerns a physician and snake-oil saleswoman, all in the same person, who took advantage of the desperation of patients with advanced cancer by selling them an expensive “herbal remedy” that she [...]
Medical Malpractice, Negligent Homicide or Failure to Discipline?
When I was an assistant district attorney in Queens County (NYC), New York, my boss, Richard Brown, decided to charge a local OB/GYN with murder, based on a showing of “depraved indifference to human life,” after that physician’s depraved actions during an abortion procedure in a storefront clinic left his immigrant patient dead. The New York [...]