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…
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…
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…
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…
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…
A Lawyer said that, plaintiff is a provider of no-fault automobile liability insurance policies in New York City and defendants are professional corporations (hereinafter “PCs”) which were owned and operated by medical doctors. According to the pleadings, from 1998 until mid-2001, defendants rendered treatment to persons covered under no-fault policies…
On September 21, 1982, the Queens complainant 32-year-old woman visited her accused gynecologist for her annual check-up. At that time, the gynecologist made note of a one-centimeter mass on the outside lower quadrant of the woman’s left breast which he tentatively classified as a galactocele or a milk-filled cyst, but…
On 4 March 1986, plaintiff commenced a medical malpractice personal injury action against the defendant, a licensed physician, alleging that defendant was negligent in the care and treatment of plaintiff’s infant daughter and ultimately caused the child’s wrongful death. In 1985, as part of a comprehensive reform of medical malpractice,…
The Facts: Petitioner was diagnosed with stomach cancer by hospital-one after undergoing an endoscopy and after staff at hospital-two and hospital-three who saw petitioner on many occasions through 2009 failed to make that diagnosis or perform any diagnostic testing. Petitioner claims that the delay in diagnosing her cancer allowed the…
New legislation has been passed in the state of Florida to restrict the ability of patients to sue medical professionals who try to provide treatment to them explains a report. Many republican lawmakers are trying to justify the cost of the state’s Medicaid program. They are trying to reduce costs…