Litigation against obstetricians has exploded in recent years for injuries caused during birth both to the mother and child. Obviously if the obstetrician himself is performing the delivery his duty to the patient seems straightforward. But what about the following situation. Suppose an obstetrician’s patient goes into labor, and for
The Statute of Limitations for medical malpractice actions in New York is 2 1/2 years (CPLR 214-a). The Statute of Limitations for ordinary negligence is 3 years. Where does supplying organs for transplants fall – is it medical malpractice or negligence? The First Department decided this issue yesterday in Rodriguez
Not all cancer experts are alike or qualified to testified about cancers not in their field. This is demonstrated by the Second Department’s decision Tuesday in de Hernandez v Lutheran Med. Ctr., 2007 NY Slip Op 09559. In that medical malpractice action the plaintiff offered the testimony of a physicist
You go to a psychiatrist to be treated for an emotional or mental condition. Suppose in addition that the psychiatrist regards complains of pain as psychosomatic. Can the psychiatrist be held liable if he fails to rule out an actual physical condition? Yes. Take the example of a case decided
On March 2-3, Cardozo School of Law will host a two day symposium on self-incrimination entitled: “The Future of Self-Incrimination: Fifth Amendment, Confessions, and Guilty Pleas.” The symposium will take a fresh look at the use of confessions and guilty pleas as a means to establishing a criminal defendant’s guilt.
If you ever get boarded listening to music on your iPod here’s some news. New York Law School now offers students, faculty, alumni, and the general public the opportunity to download and watch faculty lectures and conferences on may legal topics for free on iTunes U. Apple’s iTunes U provides
On February 28th, Syracuse University College of Law will host Bryan Tramont, former chief of staff for the Federal Communications Commission (FCC) who will give a lecture entitled “The First Semester Curriculum and Your Cell Phone—They Have More in Common Than You Think.” The lecture will address the classroom elements