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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. A Lawyer said that, a medical malpractice action was commenced by respondent’s sister on his behalf against the hospital where the surgery was performed and several Long Island doctors. Respondent continued to receive medical assistance from the DSS, and the DSS filed a lien pursuant to Social Services Law § 104-b (hereinafter the Medicaid lien) for recovery from any award made in the medical malpractice action, for such assistance for which the third-party tortfeasor was found to be liable.

A assistant said that, the parties to the medical malpractice action reached a settlement. Based upon the proposed settlement, the DSS agreed to accept the sum of $102,423.56 to settle the Medicaid lien. The amount necessary to settle the Medicaid lien was premised on a letter from the DSS stating that it would accept that amount on the Medicaid lien against the proceeds of the personal injury lawsuit, based on the proposed settlement of the lawsuit for the sum of $1,600,000. The letter further provided that the DSS reserved the right to collect any unpaid balance of the Medicaid lien if Ruben reached a further settlement that provided additional proceeds or if he should receive funds from another source such as the lottery; neither of those circumstances eventuated.

A reporter said that, the settlement of the medical malpractice action was approved by the Supreme Court, Kings County, in an amended order dated August 23, 2002, with the direction that payment be made to the DSS in the amount of $102,423.56, in full satisfaction of the Medicaid lien to the date of the order. Pursuant to regulation, the Medicaid lien was required to be satisfied or otherwise resolved in order for the remaining funds received by Respondent. To be disregarded, for purposes of eligibility to continue receiving Medicaid benefits, by placement in a supplemental needs trust. As will be discussed herein, the Medicaid lien was limited to the medical assistance respondent received as a result of the third-party tortfeasor’s negligence. The lien was not and could not have been asserted in connection with any medical assistance provided to respondent as a result of his Down syndrome condition; whether such assistance was provided prior to or subsequent to the medical malpractice. The settlement of the medical malpractice action and settlement of the lien did not in any way address the other assistance that had been correctly paid to respondent.

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In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County, dated May 4, 2006, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him. On November 11, 1999 the 26-month-old plaintiff was seen by the defendant doctor who diagnosed viral tonsillitis and prescribed medications to alleviate her symptoms. Later that day, the plaintiff developed additional symptoms and was admitted to Elmhurst Hospital Center (hereinafter Elmhurst) on November 12, 1999. The admitting diagnosis was pneumonia based upon a chest X-ray and blood test. During the plaintiff’s 13-day hospital stay, various antibiotic treatments were administered. Shortly after the plaintiff’s discharge from the hospital on November 24, 1999 her mother noticed that the plaintiff did not respond to speech and sound, indicating hearing loss, which was ultimately determined to be complete and permanent.

A Queens Lawyer said that, in 2002 the plaintiff, by her mother, commenced the instant action against the defendant Health & Hospitals Corporation, alleging negligent failure to diagnose and treat meningitis, causing the plaintiff’s permanent hearing loss. In 2005, after defendant doctor was deposed as a nonparty witness, the plaintiff filed an amended complaint adding him as a defendant and alleging that he negligently failed to test for meningitis during the plaintiff’s office visit on November 11, 1999. A Lawyer said that, the Supreme Court denied defendant doctor’s motion for summary judgment dismissing the complaint insofar as asserted against him, holding that conflicting expert medical opinion evidence raised a triable issue of fact.

The issue in this case is whether defendant doctor should be held liable for medical malpractice together with defendant Health & Hospitals Corporation.

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The Bronx plaintiff in this case is appealing an order from the Supreme Court of Westchester County. The order from the court denied the plaintiff’s motion for summary judgment on the issue of liability, dismissed the complaint made against the defendants, and granted portions of the cross motion of the defendants for summary judgment dismissing the complaint as it was alleged that the defendants committed legal malpractice by failing to interpose a claim in an underlying action of rescission based on a mistake.

Case Background

The plaintiff is a home builder and in 1999 he started negotiations for the purchase of a home that he was building. For the negotiations he retained the defendants to represent him. In January of 2000, the plaintiff was ready to sign a contract of sale as well as a separate basement construction agreement. This contract had been forwarded to the defendant’s offices. The plaintiff executed the basement construction agreement, but then discovered that the buyers had not signed the attached contract of sale. This contract included additional terms that were not previously agreed to in the parties’ negotiations. As a consequence the plaintiff did not sign the contract of sale and told the defendant’s that the deal with the buyers was off and to proceed accordingly.

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The plaintiff is appealing orders from the Supreme Court of New York County that denied their motions for summary judgment in regard to liability.

Case Background

The record in this case shows that the defendant obtained malpractice insurance coverage from the plaintiff. The defendant made an effort to limit the amount of the premium to be paid to $165,000. However, it is clear that the plaintiff advised the defendant that the amount of premium to be charged would depend on information that was to be supplied by the defendant and the rates would be established by the Superintendent of Insurance.

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This is a case being heard in the Supreme Court of the State of New York located in New York County. The case involves three separate motions that have been consolidated for disposition. In the motion sequence numbered 002, the plaintiff is moving for summary judgment on the claims for an account stated against defendants in the amounts of $354,463.82 and $100,000 plus interest and dismissing the counterclaims of defendants.

In the motion sequence 003, the third party defendant has moved to dismiss the third party complaint on the ground that the court lacks jurisdiction over their firm or in the alternative that the third party action be stayed on the ground of a valid agreement to arbitrate. The third party defendants have also moved to dismiss the first, second and fifth causes of action in the complaint for failing to state a claim for relief.

In the motion sequence 004 the other third party defendant of the case has moved to dismiss the third party complaint against them and for sanctions against the defendant and third party plaintiffs.

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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 patient at the Westchester defendant hospital that had been notified by her personal physician that she was unable to go to the bathroom without help. She states that a nurse that worked at the hospital allowed her to go to the bathroom without help in order to provide a urine specimen. While the plaintiff was walking to the bathroom she fell down and suffered from serious injuries which included a broken hip.

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The case before the court is an action for malpractice. This case is being heard by the Supreme Court of the State of New York located in Nassau County. The plaintiff in the case retained the defendant attorney to represent her during her divorce proceeding against her now ex-husband. The matrimonial action was settled towards the end of 2003 with the judgment of divorce being entered on the 27th of February, 2004. The defendant states that the judgment of divorce ended the matrimonial action and her representation of the plaintiff in the matrimonial action.

Case Background

In October of 2006, the plaintiff’s ex-husband passed away. In April of 2007, the plaintiff was named as a defendant in an insurance action that took place in the New York County Supreme Court. The insurance action was started by the executor of her ex-husband’s estate. The insurance company was named as a co-defendant in the case. The defendant of this case asserts that all causes of action in the insurance action were in regard to the changes of beneficiary designation on the life insurance policy made by the plaintiff’s ex-husband.

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The Bronx appellant in this case is appealing by permission an order that denied his motion to vacate a finding of liability made by a medical malpractice panel. There are five main issues to consider on this appeal.

First, the court must consider whether an order that denies a motion to vacate a medical malpractice panel’s finding is appealable in this court.

Second, if the doctor member of the medical malpractice panel must be a specialist that practices in the same field of medicine as the defendant doctor who the malpractice is claimed.

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The case before the court is one of legal malpractice. The Bronx plaintiff had a bi-lateral mastectomy, which she claims was the result of being misdiagnosed. The plaintiffs are seeking a judgment against the defendants for negligently prosecuting a medical malpractice action on behalf of the plaintiff.

Case Background

In March of 2006, the law firm defendants filed a motion to have the complaint against them dismissed. In October of 2006 the court issued an interim order that directed all of the parties to provide a briefing on the issue of the bankrupt extension. The court reviewed the briefs and heard oral arguments. The court then made the decision to deny the dismissal of the complaint.

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This is an instant action brought forth by the plaintiff for herself, her deceased husband, and her four children. The case involves personal injury claims that arise from a car accident and medical malpractice claims in regard to the treatment that her husband received at the defendant hospital for the injuries that he sustained during the car accident.

Prior to this action the Bronx driver of the other vehicle that was involved in the accident began this own action for personal injuries that he sustained during the accident.

The plaintiffs have moved to consolidate both actions for a joint trial. The defendants in the second action have opposed stating that consolidating the actions will result in undue prejudice and jury confusion. In addition, the defendants in the second action have moved to sever the causes of action that pertain to the car accident and those actions that pertain to the medical malpractice action. The defendant is also seeking to have the venue moved to Albany County where the treatment was provided.

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