First Department reverses denial of summary judgment in medical malpractice case, finding plaintiff’s experts failed to specifically rebut defense expert’s opinions on standard of care and causation.
The Second Department affirmed denial of a motion to vacate dismissal of a medical malpractice action, finding the plaintiff failed to demonstrate a reasonable excuse for not appearing at a court conference.
Appellate Division reverses, granting motion to conform medical malpractice pleadings to evidence developed during discovery regarding phacoemulsification surgery injuries.
Second Department affirms summary judgment for hospital in bed sore malpractice case, finding plaintiff’s expert opinions conclusory and lacking proper foundation.
Second Department partially modifies summary judgment order in neonatal malpractice case, dismissing two of four theories and informed consent claim while preserving claims for delayed surfactant and blood transfusion.
The Eighth District invalidated a nursing home arbitration agreement embedded within an admissions agreement, holding it failed to comply with R.C. 2711.23’s requirement for a standalone document with mandatory disclosures.
The Idaho Supreme Court affirmed discovery sanctions striking plaintiffs’ experts for failing to disclose local standard-of-care consultants, but reversed summary judgment on causation—holding that foreseeability requires only a general risk of harm, not proof of a specific pharmacokinetic mechanism.