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Is the administration of an allergy injection by a medical assistant that causes an injury a simple negligent act (subject to a 3 year statute of limitations) or the provision of medical treatment (subject to a 2 1/2 year statute of limitations)? On December 7, 2022, an appeals court covering Qu...
On December 7, 2022, an appeals court upheld the denial of a summary judgment filed on behalf of a gynecologist. The patient had undergone a hysterectomy for abnormal uterine bleeding during which her left ureter was accidentally severed. The gynecologist-surgeon, Dr. Germain argued that during t...
On December 7, 2022, an appeals court overturned a $1,140,000 jury verdict in favor of a car driver struck by a left turning MTA bus at an intersection in Queens. The court found that the liability verdict was so contrary to the weight of the evidence that no reasonable jury could have reached th...
On November 23, 2022, the Appellate Division, Second Department reduced a Kings County jury verdict of $2.9M for past pain and suffering to $1.7M. The verdict was awarded to a 54 year old woman who tripped and fell on a sidewalk maintained by the New York City Transit Authority (NYCTA). The trial...
On December 22, 2022, an appellate court agreed that the malpractice claim of a 58 year old woman, against her internist, of a delay in treating coronary artery disease, may proceed to a jury trial. Based on complaints of fatigue and shortness of breath, the internist had recommended that the pl...
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