The case before the Westchester court is an action for a declaratory judgment that the defendant insurance company is obligated to defend and indemnify the plaintiff under a lawyers professional liability insurance policy. The plaintiff is an attorney whose practice is concentrated mainly in criminal defense. Case Background The plaintiff…
Articles Posted in Anesthesia Errors
The Plaintiff in this Case is a Lawyer
This is a legal malpractice action being heard in the Supreme Court in New York County. The plaintiff is a lawyer who has brought forth this action against his former law firm partner. There are three causes of action being considered in this case. The first is professional malpractice, the…
Deceased Infant’s Estate Brings an Action
This appeal involves new legislation that concerns medical malpractice actions. The issue before the Supreme Court Appellate Division is whether or not the plaintiff’s failure to timely file a notice of the medical malpractice action was properly excused by the Supreme Court. Case Facts In March of 1986, the Queens…
Hospital is Accused of Malpractice
The Long Island plaintiff in this case started this action as the administratrix of the estate of her deceased mother. She is seeking to recover money damages for the personal injuries her mother sustained while under the custody of the defendant hospital. The plaintiff has now moved for leave to…
Fraud is Involved in Malpractice Action
This is an action to recover damages for fraud. The New York City plaintiffs are appealing an order made by the Supreme Court of Suffolk County that granted the defendant’s motion for summary judgment dismissing the complaint against them. Case Background The plaintiffs in this case are an infant and…
Court Grants Summary Judgment
The Staten Island plaintiff in this case is appealing an order made in the Supreme Court of Kings County. The order that is being appealed by the plaintiff denied his motion for summary judgment and granted summary judgment to the defendant dismissing the complaint as made against the defendant. The…
Pension Fund is at the Center of this Case
This is a case of appeal being heard in the Supreme Court, Appellate Division and First Department. The original judgment was made in the Supreme Court of New York County and awarded $61,478.40 against the defendants. Case Background The plaintiff in the case provided medical malpractice liability insurance for a…
Two Insurance Policies are the Subject of Court Discussion
The Queens defendant is appealing an order that declared they had the obligation to defend and indemnify the plaintiff in an action against him by the administratrix of the estate of the deceased. The order that is being appealed denied the cross motion for summary judgment and declared that the…
Medical Malpractice Insurance is made Available
The issue before the court has to do with the Medical Malpractice Reform Act of 1986 that requires the Medical Malpractice Insurance Association to refund the stabilization reserve fund charges that had been collected for excess policies and applied by statute to offset deficits. The plaintiff in the case is…
Two Physicians are tried for Malpracitce
The appeal before the court raises the question as to whether a patient of a medical group that has allegedly suffered from an injury caused by malpractice of the doctors that are associated with the group is entitled to the benefit of the continuous treatment doctrine against the doctors that…