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Recent Case Results

Decisions

  • Vargas v. Marquis, 2009 WL 3134588, (N.Y.A.D. 2 Dept. Sep 29, 2009)
  • Goldfischer v. Great Atlantic & Pacific Tea Co., Inc., 880 N.Y.S.2d 485, (N.Y.A.D. 1 Dept. Jun 23, 2009)
  • Peprah v McDonald, 881 N.Y.S.2d 54, (N.Y.A.D. 1 Dept. Jun 04, 2009)
  • Hayden v. Waldbaum, Inc., 880 N.Y.S.2e 351, (N.Y.A.D. 2 Dept. Jun 02, 2009)
  • Yousefi v. Rudeth Realty, LLC, 877 N.Y.S.2d 132, (N.Y.A.D. 2 Dept. Apr 07, 2009)

More Decisions »

Trials

  • Bradoc v. Pathmark Stores, Inc., Supreme Court, Westchester County, June 2009; Premises Liability; Verdict: Defense
  • Sweeney v. Bruckner Plaza Assoc., Supreme Court, Bronx County, June 2009; Torts; Verdict: Defense
  • Zubko v. Metropolitan Casualty Ins. Co., Supreme Court, Suffolk County, June 2009; Motor Vehicle; Verdict: Defense
  • Morris v. Southwick, Supreme Court, Queens County, June 2009; Auto/Pedestrian Knockdown; Verdict: Defense (awaiting publication)

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Newsletters

Aggravation of Injuries in Medical Malpractice Cases

What happens if, after a patient has been injured by the negligence of a physician, he or she goes to a second physician for treatment of the injury caused by the first doctor, and the injury is aggravated by the negligence of the second doctor? The answer may be surprising. Generally, the rule is that the first physician whose negligence caused injury is also liable for additional injury later caused by the negligent treatment that the patient received from the second physician, provided that the patient used ordinary care in selecting the second physician. The patient is not obligated to find the best physician available, but is only required to act with due care and good faith in selecting the second physician. Therefore, a negligent doctor is liable not only for the injury caused by his own acts but is also liable for any additional harm resulting from the manner in which reasonably required medical services are rendered.

Failure to Prevent Suicide

A physician, psychiatrist, or psychologist is treating a patient, and during the treatment period, the patient unfortunately takes his own life. The family members are anguished and angry, and they claim that the doctor was negligent in failing to take the proper steps to prevent the tragic event. The question of whether or not they will prevail in a medical malpractice action depends on the specific facts of the case, focusing on the reasonableness of the treatment in light of the patient's history.

Bankruptcy

(Effect of a Physician's Bankruptcy on Medical Malpractice Awards)

Failure to Diagnose Stroke

Failure to Diagnose Stroke

Nursing Home Litigation Crisis

Nursing Home Litigation Crisis



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