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New York Civil Litigation Review

Monthly Archives: May 2012

Against Medical Advice – Remember CPLR Article 14.

Posted in CPLR

A recent article highlights why, when a patient signs out of a hospital ‘against medical advice,’ (“AMA”) counsel defending malpractice and personal injury lawsuits must raise culpable conduct/comparative negligence as an affirmative defense when interposing Answers on behalf of their clients.

Forces of Labor Defense in Erb’s Palsy cases…to be continued?

Posted in Birth Injuries

Over the last several months, personal injury plaintiff blogs have been all agog over a recent 4th Department case in New York that precluded, based on pre-trial motions, obstetrical defendants from utilizing a ‘forces of labor’ defense at trial, commenting on same as a “novel theory.”  The plaintiff blogs have been far less kind, labeling… Continue Reading

Clients stressed by lawsuits? Communicate!

Posted in Client Relations

I came across a New York Times article that stated what, to most, would appear obvious – that litigation is stressful!  While the author, a physician, oriented her thoughts towards physicians sued in medical malpractice matters, the premise holds true for any defendant dragged unwillingly into litigation.  While we as litigators are comfortable ‘operating’ in… Continue Reading

Posting personal information on the internet can be hazardous…if you are a litigant!

Posted in e-Discovery and Social Media

Everyone that has watched a ‘cop’ television show or movie has heard the following phrase: “you have the right to remain silent…anything you say can and will be used against you”. Most of us can also probably recall the origin of that phrase; for those who cannot, I will remind you. The phrase comes from… Continue Reading