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Appellate Division Reaffirms The Limits of a Private Hospital’s Duty of Care in Non-Emergent Circumstances
The Appellate Division, First Department, overturned a lower court’s decision refusing to dismiss a medical malpractice suit claiming that HPM&B’s client, a private hospital, delayed outpatient therapy following emergency hand surgery, resulting in scarring and permanent loss of range of motion to the fingers.  It was undisputed that treatment was delayed while Plaintiff was awaiting ...
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Summary Judgment Dismissal
Partners Adam Dlugacz and Alejandra Gil successfully moved for summary judgment on behalf of a gastroenterologist and major teaching hospital thereby securing dismissal of plaintiff’s claims that the defendants failed to timely diagnose his rectal cancer.  Mr. Dlugacz and Ms. Gil argued that the defendants’ treatment met the standard of care, that plaintiff was ...
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Jury Verdict Set Aside
The Appellate Division, Second Department recently set aside a $1.1 million jury verdict on the issue of liability and dismissed the complaint in favor of HPM&B’s clients, an otolaryngologist and her private medical group.  This medical malpractice action involved an alleged negligent postoperative care related to endoscopic sinus surgery.  The court found that there was no ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major New York area Health System and two of its affiliated Hospitals.  Plaintiffs claimed the defendant Hospitals failed to timely and properly render surgical care, as well as appropriate post-surgical care to the patient, who suffered from a Chiari ...
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Summary Judgment Granted On Appeal
The Appellate Division, First Department overturned the lower court’s decision denying summary judgment dismissal on behalf of a prominent hospital in Bronx County.  The case involved an alleged failure to timely perform a Cesarean section, resulting in fetal demise.  Eric Gingold and Cindy Young drafted the motion for summary judgment.  Daryl Paxson drafted the appeal ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major teaching Hospital in New York City.  Plaintiff claimed the defendant Hospital failed to timely and properly diagnose and treat molar gestational choriocarcinoma.  Plaintiff further alleged that an immediate dilation and curettage should have been performed in order to ...
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Supreme Court of Connecticut Affirms Judgment Following Jury Verdict
In Farrell v. Johnson & Johnson, the Supreme Court of Connecticut affirmed a defendant’s verdict in favor of HPM&B’s client, a surgeon. Heidi Cilano and Nancy Marini represented the client at trial. David Robertson handled the appeals in the Connecticut intermediate and highest appellate courts. The plaintiff’s malpractice suit alleged that she had suffered damages ...
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Appellate Division Sets Aside Jury Verdict
The Appellate Division, First Department recently affirmed the trial court’s decision to grant the defendant utility company’s motion to set aside a jury verdict and dismiss the Complaint. Daryl Paxson, Esq. drafted the appeal papers and Daniel Ratner, Esq. orally argued the issues on behalf of the defendant. The First Department found that the trial ...
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Frye Motion Granted
Partners Adam Dlugacz and Daniel Ratner successfully argued that plaintiffs should be precluded from advancing their theory of causation that the infant-plaintiff suffered silent hypoxic-ischemic encephalopathy due to prolonged exposure to forceful uterine contractions on behalf of a major metropolitan Hospital. In this Bronx County, Supreme Court venued matter, plaintiffs claimed that infant-plaintiff suffered ...
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Arbitration Victory
Brendan J. Alt, Esq. recently prevailed at an arbitration involving the apportionment of liability in a medical malpractice case on behalf of a major teaching hospital in Westchester County.  This wrongful death case involved an alleged failure to properly treat a young adult patient who presented to the emergency department in an active sickle cell ...
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