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Articles Posted in Medical Malpractice

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Respondents Claim Petitioner in Violation of Public Health Laws

The petitioner for this case is Lena Bagels, Inc. The respondent of the case is The City of New York and the New York City Department of Consumer Affairs. The case is being heard in the New York Supreme Court. The judge overseeing the case is Philip G. Minardo. Case…

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Plaintiff in medical malpractice actions seeks to amend complaint based on new law – Stuart v. Health & Hosps Corp., 7 Misc.3d 225 (N.Y. Sup. Ct., 2005)

The issues before the court in Stuart v. Health & Hosps Corp. are whether a plaintiff is permitted to amend her complaint based on a change in the law that occurred after she initially filed her claim and whether the new law should be applied retroactively. In 2000, plaintiff Ashmeade…

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New York Appellate Court Rules in Favor of Physician, Holding Access to Medical Records is Authorized

This is a case of appeal. The appellant of the case is Miguel M. The respondent in the case is Charles Barron. The case is being heard in the Second Department of the New York Supreme Court, Appellate Division. Court Opinion A New York Injury Lawyer said this is an…

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Claimant moves to serve a late notice of claim – Clark v. Roswell Park Cancer Inst. Corp., 2010 N.Y. Slip Op. 20551 (N.Y. Ct. Cl., 2010)

The issue in this medical malpractice case is whether the plaintiff/claimant has met the burden of showing why the court should permit him to serve a notice of claim even though the 90-day timeframe has expired. Under New York law, before a plaintiff has the legal right to file a…

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Statute of limitations for serving notice of claim not tolled under the continuous treatment doctrine- Grellet v. City of New York, 504 N.Y.S.2d 671, (N.Y. App. Div., 1986)

In this case the court determines the issue as to whether the statute of limitations for filing a medical malpractice claim was tolled based on the continuous treatment doctrine. Under New York law, there are special procedural rules that must be followed in order to sue a public entity. Because…

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Medical malpractice claim dismissed because plaintiffs failed to provide a reasonable excuse for serving the notice of claim late – Velazquez v. City of New York Health and Hospitals Corporation (Jacobi Medical Center), 2010 NY Slip Op 195 (N.Y. App. Div., 2010)

In a medical malpractice claim, the issue before the court is whether the plaintiff had a reasonable excuse for filing a late notice of claim. Under New York law, before a plaintiff can bring a lawsuit against a public or government entity, the plaintiff must first file a notice of…

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NY Appellate Court Decides if Parent Exercised Impaired Judgment

The respondent for the case is Ivelisse T. This case concerns the alleged abuse and neglect of two children under the age of eighteen, Rosaly S. Marcos S, and Wesley R. The case is being heard in the Kings County Family Court. Daniel Fraidstern, Esq., is the Special Assistant Corporation…

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Case Involves Medical Indemnity Fund for Medical Malpractice Case

Birth Injury 126 The plaintiffs of this particular case are Miles Mendez, who is an infant, who is represented by his natural guardian and mother, Melina Mendez, and Melina Mendez individually. The defendant of the case is the New York and Presbyterian Hospital. Case Facts The plaintiffs in the case…

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Plaintiff moves for a Frye hearing in medical malpractice action – Fernandez v. St. John’s Queens Hospital, 2007 NY Slip Op 31604(U) (N.Y. Sup. Ct. 6/11/2007)

In a medical malpractice claim, both the plaintiff and the defendants moved for a Frye hearing regarding the anticipated testimony of the expert witnesses. In the alternative, the defendants ask the court to dismiss the plaintiff’s action, and the plaintiffs ask the court to preclude the testimony of the defendants’…

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