Second Department Remands Medical Malpractice Case Decided on Evidence of Habit

Last month, the Appellate Division Second Department overturned the judgment of a lower court in which a jury found a doctor not to be liable in a medical malpractice action. The Appellate Division reversed the entry of the judgment after finding that the lower court made an improper determination to allow evidence of the doctor’s custom and practice evidence. Continue reading “Second Department Remands Medical Malpractice Case Decided on Evidence of Habit”

New York Court of Appeals Says No to Physician-Assisted Suicide

On September 7th, the New York State Court of Appeals determined that the New York State Constitution does not provide an individual the right to a physician-assisted suicide.  The decision restricts a mentally competent and terminally ill person from obtaining a prescription for a lethal dose of drugs from a physician intended to be taken to cause death. Continue reading “New York Court of Appeals Says No to Physician-Assisted Suicide”

First Department Finds Case Not Time-Barred Because of Continuous Treatment

In the case of Lewis v. Rutkovsky, the First Department was asked to review the continuous treatment doctrine as it applied to a patient who brought a lawsuit against her primary care physician.  The plaintiff alleged that her primary care physician failed to detect, diagnose, and treat her brain tumor.  As a result of the doctor’s failure to diagnose, the plaintiff underwent brain surgery that left her legally blind.  The First Department reviewed the continuous treatment doctrine in determining whether or not the lawsuit should be time-barred.

Continue reading “First Department Finds Case Not Time-Barred Because of Continuous Treatment”