In this case the Court of Appeals considered whether an expectant mother may recover damages for emotional harm where her baby was injured in utero injury and subsequently born alive. When Plaintiff Karen Sheppard learned that she was pregnant, her obstetrician, Dr. King, also informed her that she had fibroids…
In New York, a medical malpractice case must be filed within 2.5 years of when the underlying act of negligence occurred. CPLR 214-a. However, in extraordinary circumstances, the doctrine of equitable estoppel can be invoked to revive time-barred claims. In Pahlad, the Appellate Division considered whether a time-barred medical malpractice…
In a medical malpractice case where the jury found the defendant to have been negligent, resulting in a severe injury to the plaintiff, the defendant asked the second department to determine whether the jury award should be set aside as excessive. Background On November 12, 2011, 27-year old Cinthya Arcos…
In a medical malpractice case where the jury found the defendants liable for the plaintiff’s birth injury, the second department was asked to determine whether a new trial should be ordered. Background On June 1, 2010, 38 years old Vashti Daisely, who was in the late stages of pregnancy, went…
4.) The court evaluator stated that when he met with the person, the person was not able to state why he wanted a guardian or what the guardianship proceedings were about. The court evaluator pointed out that the medical records did not indicate what the cause of his medical problems…
In an action to recover damages for personal injuries, the complainants appeal from an order of the Supreme Court which, in effect, granted the motion of the defendant husband and wife and a man for summary judgment to dismiss the complaint insofar as asserted against them on the ground that…
This is a case being heard in the Supreme Court of Kings County. In this case the five petitioners state that they are medical professional corporations that are organized and incorporated in the state of New York under the Business Corporation Law. The petitioners are seeking to show cause through…
Leonard Melfi was a well-known playwright. He gained notoriety when he wrote Oh! Calcutta! and Birdbath. One would think that a playwright who was known for his great Broadway successes would have a mansion and live in the lap of luxury. That was not the case for Leonard Melfi. He…
The opponent describes itself as a non-profit educational and communications organization dedicated to improving public understanding of the property and casualty insurance business and to providing information about issues of relevance to the insurance business. The complainants consist of State Public Interest Research Group and three (3) individuals. As alleged…