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 [...]
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 recent [...]
New 1st Dept. Cases of Interest
What you don’t know about those status conference orders can really hurt you. This is illustrated painfully in a March 19, 2009, decision, Regina Carter v. Isabella Geriatric Center, Inc., NY Slip Op 01914 (1st Dept. 2009). The January 10, 2008 order, issued during a status conference, precluded plaintiff from presenting expert witness testimony at trial due to the [...]