Montfort, Healy, McGuire & Salley LLP

New York Liability and Personal Injury Defense Attorneys

New York Medical Malpractice Lawsuit Against Hospital and Pediatricians Is Tossed out by Appellate Court

On February 23, 2017, a New York court of appeals cleared several pediatricians and a major New York hospital, of a medical malpractice lawsuit that accused them of failing to diagnose an infant’s tumor. The lawsuit was brought by the infant plaintiff’s parents. The lawsuit alleged that the doctors breached the expected standard of medical […]

Insurance Fee Schedule Used as an Affirmative Defense

East Coast Acupuncture, P.C. v. Hereford Ins. Co.

2016 NY Slip Op 26042

Submitting claims to insurance agencies can be complex as there are fee schedules and set services which are covered. One recent case involved fee schedules and payment of claims.

Ms. Kenia Perez was a patient at East Coast Acupuncture (ECA) during August, […]

Appellate Division Holds that Liability May be Imposed on the City for Negligence in Hiring an Officer with Violent Propensities

Gonzales v. City of New York

2015 NY Slip Op 06869

Generally, when an off-duty police officer commits a crime outside the scope of his employment, it has been long held in New York that his employer cannot be held liable. However, a plaintiff recently raised a question to the New York Appellate Division, 1st […]

New York Court of Appeals Holds that the Right of Sepulcher Does Not Extend to Tissues and Organs

Shipley v. City of New York (2015 NY Slip Op 04791)

A recent decision from the New York Court of Appeals held that a Medical Examiner does not have a legal obligation to notify a decedent’s next of kin that any organs or tissues were retained for further medical examination as part of an authorized […]

New York Court of Appeals Redefines the Foreign Object Rule in Medical Malpractice Cases

Walton v Strong Memorial Hospital (2015 NY Slip Op 04786)

Relying on long-standing precedent, the New York Court of Appeals recently redefined what constitutes a foreign object in medical malpractice cases. The Court reversed the Appellate Division, Fourth Department , and held that a broken piece of a catheter did not meet the statutory and […]

Appellate Division Considers Whether Immigration Status Has Bearing on Applicant’s Bar Admission

Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York (2015 NY Slip Op 04657)

It is not easy to enter into the profession of law. One must go through three years of rigorous academic training, endure the difficult bar exam, and pass an ethics panel interview […]

The Perils of Falling Asleep in the Jury Box

Jurors comprise one of the most integral components of our legal system. In criminal cases, a defendant’s life and liberty is at the mercy of those who sit in the jury box. In civil cases, a plaintiff may or may not get the compensation they deserve for injuries depending upon what transpires during the jurors’ […]

Montfort, Healy, McGuire & Salley Of Counsel in Groundbreaking Legal Decision

Montfort, Healy, McGuire & Salley LLP were of counsel to a police officer’s widow in a recent Eastern District decision of first impression in her favor. This is the first case in which it was decided that a retired police officer at the scene of a crime shouting “gun” assumed a duty and therefore, could […]

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