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Last month, an appellate court hearing appeals from Queens County cases reversed a trial court and granted St. John's Episcopal Hospital South Shore motion to dismiss the case of a patient suing for sexual assault. The plaintiff while admitted as a patient of St. John's claimed to have been sexua...
On June 26, 2019, an appellate court agreed that once a medical malpractice case was settled and attorneys fees awarded, the only forum to challenge the fee award is before the same court and not in a subsequent legal malpractice action. The medical malpractice claim was settled for $3,700,000 re...
On June 26, 2019, an appellate court in New York held that a urologist involved in the diagnosis and successful treatment of prostate cancer, had no legal obligation to order or perform an unrelated colonoscopy as part of a complete cancer screening. Unfortunately, this same patient who survived ...
On July 2, 2019 an appellate court agreed that Dr. Francois Lacour-Gayet, Chief of Pediatric Cardiothoracic Surgery at Montefiore Medical Center, was not entitled to dismissal of an infant's claim for medical malpractice. The lower court found that the heart surgeon had departed from accepted sta...
On July 2, 2019, the appellate court covering Manhattan upheld the dismissal of a legal malpractice claim alleging that the attorney representing the purchaser of a property for $1.4M was negligent for failing to secure court approval for the sale. The property was being sold by a not-for-profit ...
On July 25, 2019 an appeals Court reversed an Order of a trial court that refused to dismiss a defamation claim against an emergency room physician filed by the parents of a 2 year old boy who suffered an unexplained skull fracture. The ER doctor questioned the parents who were unable to explain ...
An upstate appellate court agreed (on July 11, 2019) that a client suing a law firm for malpractice during a litigation should have his case heard by a jury. The trial court held that the law firm's motion to dismiss the client's case on the ground that the complaint failed to state a cause of ac...
On July 17, 2019 a Brooklyn jury awarded $5,000,000 to the Estate of a 39 year old woman who died a year and a half after a cadaver kidney transplant surgery. Her death was a result of serious complications due to a urinary leak caused by an improperly secured ureter (urinary tube from kidney to ...
The wrongful death/medical malpractice claim brought by the widow of the famously popular music star Glenn Frey (member of the "Eagles" band) is battling with The Mount Sinai Hospital over disclosure of financial records related to her deceased husband's earnings .Frey passed away in January 2016...
On July 24. 2019 an appellate court agreed that the owner of a guard dog (who had never bitten anyone before) that lacerated the face of an 11 year old boy must stand trial. There was no proof that the dog had ever bitten anyone or acted aggressively so the owner filed a pre-trial motion to dismi...
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