In a 3-2 Decision, a panel of Second Department Justices held that a defendant’s medical records were not subject to discovery. In the case of Peterson v. Estate of John Rozansky, the panel of Justices upheld a trial court’s decision to grant a protective order in regards to the deceased defendant’s medical records. The case was initiated after the plaintiff, who was working at a toll plaza for the Queens Midtown Tunnel, was struck by an oncoming vehicle. The accident occurred in 2004, and in 2005, the plaintiff brought suit against the driver of the vehicle, John Rozansky.
Continue reading “Second Department Holds Defendant’s Medical Records Are Not Admissible in Close Decision”
In the case of Contact Chiropractic P.C. v. New York City Tr. Auth., the New York Court of Appeals held that a three-year statute of limitations applies to no-fault cases involving a self-insurer. The case involved a passenger injured in an accident while riding in a bus that was owned by the New York Transit Authority (NYCT). NYCT was self-insured, and therefore, did not have no-fault insurance coverage. After the plaintiff provided services to the injured passenger, they assigned their right to collect first-party benefits from NYCT. The Plaintiff then brought the action seeking reimbursement for outstanding invoices.
Continue reading “Court of Appeals Decides No-Fault Claims Against a Self-Insurer are Subject to a Three-Year Statute of Limitations”
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 care by not discovering and treating the infant’s Medulloblastoma, a type of brain tumor, earlier.
Continue reading “New York Medical Malpractice Lawsuit Against Hospital and Pediatricians Is Tossed out by Appellate Court”
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, September, and October 2013. After ECA submitted claims for Ms. Perez for treatments received, the defendant, Hereford Insurance Company, recalculated the amount of the claims based on their fee schedule. Afterwards, ECA brought suit to recover the amount of claims left unpaid by Hereford.
Continue reading “Insurance Fee Schedule Used as an Affirmative Defense”
The case concerned a young mother who had maintained a relationship with a New York City Police Officer 22 years her senior, since she was 16. In July 2007, he shot and killed her, then shot and killed himself. The victim was survived by her infant daughter. The administrator of the estate alleged that before the murder, numerous complaints were made to the City regarding the officer’s abusive conduct toward the victim and her daughter.
Continue reading “Appellate Division Holds that Liability May be Imposed on the City for Negligence in Hiring an Officer with Violent Propensities”
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 autopsy. Although the right of sepulcher provides that the next of kin have the right to immediately possess the body of their deceased loved one for burial, the recent holding did not extend that right to include tissues and organs.
Continue reading “New York Court of Appeals Holds that the Right of Sepulcher Does Not Extend to Tissues and Organs”
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 precedential definition of a fixation device, but was a foreign object, and thus not subjected to the fixation device statute of limitations for medical malpractice cases.
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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 to determine that the applicant requesting admission into the profession possesses integrity, honesty, and good moral character. The panel looks for candor in the applicants, and goes through a lengthy investigation to ensure fitness for membership of the bar.
Continue reading “Appellate Division Considers Whether Immigration Status Has Bearing on Applicant’s Bar Admission”
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’ deliberations. Therefore, when a juror falls asleep during testimony and when evidence is being presented, those whose fates rest upon the outcome of the trial may not see justice served.
Continue reading “The Perils of Falling Asleep in the Jury Box”