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Court found that medical professionals failed to diagnose breast cancer in a timely fashion. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)

Johnson v. New York Methodist Hospital involved a medical malpractice claim against New York Methodist Hospital and several of its doctors. The plaintiff, Darilyn Johnson, alleged that the defendants failed to diagnose and treat her breast cancer in a timely manner, causing her cancer to metastasize and become more difficult…

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In a medical malpractice case, the Court discussed the standard for determining a doctor’s standard of care. O’Connor v. Grace Hospital, 283 N.E.2d 540 (N.Y. 1972)

O’Connor v. Grace Hospital was a landmark case in medical malpractice law that shaped the legal standards for establishing a doctor’s duty of care and the scope of that duty. The case involved the plaintiff, Mrs. O’Connor, who was suffering from severe abdominal pain and was admitted to Grace Hospital…

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Healthcare providers breached the standard of care by failing to address fetal distress. Marlowe v. Staten Island University Hospital, 864 N.Y.S.2d 391 (N.Y. App. Div. 2008)

Marlowe v. Staten Island University Hospital is a medical malpractice case that centers around the tragic death of a newborn infant. The case provides a sobering reminder of the devastating consequences that can result when healthcare providers fail to meet the standard of care that is expected of them. During…

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Court found driver liable in a pedestrian accident because he did not exercise due care. Stathis v. Leonardis, 72 N.Y.2d 517 (1988)

Pedestrian accidents can result in severe injuries, and the victim may be entitled to compensation for their damages. The law in New York provides protection to pedestrians, and drivers have a legal obligation to exercise reasonable care to avoid causing harm to them. In Stathis v. Leonardis, the New York…

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Duty of care that drivers owe pedestrians in New York. Weininger v. Hackel, 6 N.Y.2d 67 (1959)

Weininger v. Hackel deals with the issue of negligence and the duty of care owed by drivers to pedestrians. New York State has a unique set of laws that govern the rights and responsibilities of pedestrians on the roadways. In New York, pedestrians have the right of way in crosswalks,…

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Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960).

Brescia v. G.F. Hämmerle, Inc. is an important case because it highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under…

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Court Discusses the Importance of Informed Consent and Apparent Authority. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)

Informed consent and apparent authority are two important legal concepts that are relevant in the healthcare industry. Informed consent refers to the right of patients to receive adequate information about their medical treatment options and to make informed decisions about their care. Apparent authority, on the other hand, refers to…

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