Informed consent and apparent authority are two important legal concepts that are relevant in the healthcare industry. Informed consent refers to the right of patients to receive adequate information about their medical treatment options and to make informed decisions about their care. Apparent authority, on the other hand, refers to…
The plaintiff asserts that while he was a patient at the defendant hospital he was attacked and hit by another patient at the hospital who allegedly is known to possess violent and dangerous propensities. The patient claims that the hospital and its employees were negligent in permitting a known violent…
Respondent was born with Down syndrome in 1964 and began receiving medical assistance under the State Medicaid plan on July 1, 1992. On July 14, 1997, he suffered an injury during corrective spinal injury surgery, which resulted in his partial paralysis such that he was no longer able to ambulate.…
The defendant in this case is appealing an order that was made by the Supreme Court of Nassau County. The order directed the defendant to comply with a request for information prior to a hearing for medical malpractice. Case Background The plaintiff in the case alleges that she was a…
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…
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…
On January 1, 2004, a man was found almost dead by the New York City fire Department Emergency Medical Staff Officials on 178th Street and Jamaica Avenue in Queens County. He was taken to Mary Immaculate Hospital where he died the following day. There was no identification on his person…
This malpractice case was filed against defendant more than nine year’s after plaintiff’s birth. Accordingly, the medical malpractice was allegedly committed by defendant in connection with the birth of plaintiff on November 2, 1996, from pre-natal care up to his discharge from the hospital on November 9, 1996. Consequently, plaintiff…
On or about 2 January 1975, defendant who is a physician commenced an action against the plaintiffs in the District Court, Nassau County, to recover the sum of $750 for professional services rendered on or about 21 May 1974, with interest. A default judgment was entered in that action against…
When a family member dies, it is a heartbreaking time for the rest of the family. That is made especially true if they are not permitted to honor the memory of their loved one in accordance with their traditions and religious beliefs. In the case of New York, there are…