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Court reviewed the requirement of informed consent in medical treatment. Sikorski v. North Shore-LIJ Health Sys., 2015 N.Y. App. Div. LEXIS 4153 (N.Y. App. Div. 2015)

Sikorski v. North Shore-LIJ Health Sys. highlights the importance of informed consent in medical treatment. The case involved a patient who underwent a medical procedure without being properly informed of the risks and potential complications. The case highlights the principle that healthcare providers have a duty to obtain informed consent…

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Appellate court concluded that the plaintiff established a prima facie case of medical malpractice. Pakenham v. New York City Health & Hosp. Corp., 2010 N.Y. App. Div. LEXIS 1847 (N.Y. App. Div. 2010)

In Pakenham v. New York City Health & Hosp. Corp. the plaintiff sued the hospital and the physician for medical malpractice, alleging that the defendants failed to properly diagnose and treat her condition, leading to serious injuries. The case highlights the principle of res ipsa loquitur in medical malpractice cases…

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Court examined the doctrine of vicarious liability for a hospital. Perez v. St. Clare’s Hosp., 2002 N.Y. App. Div. LEXIS 11749 (N.Y. App. Div. 2002)

Vicarious liability for a hospital is a legal principle that holds a hospital responsible for the negligent acts of its employees, particularly physicians and other medical professionals who are providing care to patients. When a hospital employee, such as a physician, causes harm to a patient through negligence or malpractice,…

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Court considered whether a health care facility failed to provide reasonable care to one of its residents. Gadaleta v. Kissing Camels Home Health Care, Inc., 173 A.D.3d 1467 (App. Div. 2d Dept. 2019)

Nursing homes are designed to provide a safe and supportive environment for elderly and vulnerable individuals who require medical care and assistance with daily living activities. Unfortunately, nursing home injuries and abuse are a growing concern in New York and across the United States. These injuries can be caused by…

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Court found that medical professionals failed to diagnose breast cancer in a timely fashion. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)

Johnson v. New York Methodist Hospital involved a medical malpractice claim against New York Methodist Hospital and several of its doctors. The plaintiff, Darilyn Johnson, alleged that the defendants failed to diagnose and treat her breast cancer in a timely manner, causing her cancer to metastasize and become more difficult…

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In a medical malpractice case, the Court discussed the standard for determining a doctor’s standard of care. O’Connor v. Grace Hospital, 283 N.E.2d 540 (N.Y. 1972)

O’Connor v. Grace Hospital was a landmark case in medical malpractice law that shaped the legal standards for establishing a doctor’s duty of care and the scope of that duty. The case involved the plaintiff, Mrs. O’Connor, who was suffering from severe abdominal pain and was admitted to Grace Hospital…

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Healthcare providers breached the standard of care by failing to address fetal distress. Marlowe v. Staten Island University Hospital, 864 N.Y.S.2d 391 (N.Y. App. Div. 2008)

Marlowe v. Staten Island University Hospital is a medical malpractice case that centers around the tragic death of a newborn infant. The case provides a sobering reminder of the devastating consequences that can result when healthcare providers fail to meet the standard of care that is expected of them. During…

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Court found driver liable in a pedestrian accident because he did not exercise due care. Stathis v. Leonardis, 72 N.Y.2d 517 (1988)

Pedestrian accidents can result in severe injuries, and the victim may be entitled to compensation for their damages. The law in New York provides protection to pedestrians, and drivers have a legal obligation to exercise reasonable care to avoid causing harm to them. In Stathis v. Leonardis, the New York…

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Duty of care that drivers owe pedestrians in New York. Weininger v. Hackel, 6 N.Y.2d 67 (1959)

Weininger v. Hackel deals with the issue of negligence and the duty of care owed by drivers to pedestrians. New York State has a unique set of laws that govern the rights and responsibilities of pedestrians on the roadways. In New York, pedestrians have the right of way in crosswalks,…

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Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960).

Brescia v. G.F. Hämmerle, Inc. is an important case because it highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under…

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