Follow Us
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
An application for a late notice of claim sounding in medical malpractice on behalf of an infant must be brought within the 10-year statute of limitations running from the date of the malpractice. This article examines two decisions from New York’s highest court, the Court of Appeals, addressing such applications.
A notice of claim must be served in accordance with New York’s General Municipal Law (GML) § 50-e on any public corporation as a condition precedent to commencing a lawsuit against the corporation — and medical malpractice actions are no exception. The notice must generally be served within 90 days after the claim arises, although that requirement is satisfied if the notice of claim is filed within 90 days of a continuous course of treatment. See Young v. New York City Health & Hosp. Corp., 91 N.Y.2d 291, 295-96 (1998); Allende v. New York City Health & Hosp. Corp., 90 N.Y.2d 333, 337-38 (1997). Where a notice of claim is not timely filed, GML
*May exclude premium content
Exclusion of Evidence: The FDA’s 510(k) Process
By Janice G. Inman
In a drug or medical device injury case, one of the defense’s most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA’s 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
Physician Extenders or Liability Expanders?
By Kevin Quinley
For health care services to serve an influx of patients, so-called “physician extenders” now carry out functions previously performed by doctors. The aim of this article is to examine factors driving the growth in physician extenders, identify liability “hotspots” and offer tactics for health care providers to use in managing professional/medical liability risks.
Paralysis Cases: Helping Your Client Cover Future Costs
By Mitch Warnock
Part Two of a Two-Part Article
Your paralyzed client currently has many problems to deal with, but the future holds many more. In order to advocate for your client, you need to gain an understanding of his or her current and future challenges, and work to maximize the resources your client will need to deal with them.
When Lack of Informed Consent Is Not the Issue
By Janice G. Inman
When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.
Copyright © ALM Global, LLC. All Rights Reserved.
