Introduction to the New York Medical Malpractice 2025 Legal Treatise for Practitioners
On January 14, 2025, the prestigious NYC Personal Injury Law Firm Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, proudly unveiled their latest publication, 'New York Medical Malpractice 2025'. Authored by esteemed partners Howard S. Hershenhorn and Marijo C. Adimey, this groundbreaking treatise is specifically designed for attorneys and legal scholars dedicated to mastering the intricacies of medical malpractice law within New York State.
This publication is a must-have for attorneys engaged in medical malpractice litigation. It is crafted not only to enhance theoretical understanding but also to impart practical strategies that address the substantive and procedural challenges faced in this field of law. Legal practitioners can expect to find practical guidance, real-world strategies, and insightful analyses that may significantly help them in client advocacy.
The treatise is structured over ten exhaustive chapters, each highlighting crucial facets of medical malpractice litigation:
1. Duties of Healthcare Providers: Discusses the legal responsibilities of medical professionals and institutions, providing vital insights into recognizing breaches in duty and establishing liability.
2. Informed Consent: Offers practical recommendations for substantiating or contesting claims regarding absent informed consent, centering on patient rights and necessary disclosures.
3. Proximate Causation: Analyzes the legal benchmarks for establishing causation, giving actionable advice on linking negligence to resultant harm in malpractice cases.
4. Damages in a Medical Malpractice Case: Presents an elaborate framework for assessing and articulating damages, encompassing both economic and non-economic losses to maximize potential recoveries.
5. Pre-Suit Investigation of Medical Malpractice Claims: Offers detailed guidance on executing a thorough pre-suit examination, including record examination and expert consultations.
6. Expert Testimony and Learned Treatises: Explores the indispensable role of expert witnesses, detailing how to select and prepare them effectively, as well as the strategic application of medical literature.
7. Statute of Limitations: Elaborates on navigating New York's statute of limitations for malpractice claims, addressing various exceptions and tolling considerations.
8. Initial Pleadings: Covers the preparation and submission of initial pleadings, with sample templates and advice for drafting compelling complaints and responses.
9. Pretrial Discovery in Medical Malpractice Cases: Provides actionable guidance on managing discovery phases, including document requests and depositions, emphasizing the importance of securing pivotal evidence.
10. Trial of a Medical Malpractice Action: Gives systematic advice for trial preparation and execution, from jury selection through to closing arguments, including courtroom strategy insights.
Beyond mere legal principles, 'New York Medical Malpractice 2025' equips attorneys with tools and resources tailored for practical use, including:
This treatise is indispensable for attorneys practicing in the realm of medical malpractice law in New York and those seeking to deepen their understanding of this specialized area. 'New York Medical Malpractice 2025' is readily available for purchase through LexisNexis in both eBook and print formats. For further inquiries or purchases, contact partners Howard Hershenhorn or Marijo Adimey at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf at 212-943-1090.
This publication is a must-have for attorneys engaged in medical malpractice litigation. It is crafted not only to enhance theoretical understanding but also to impart practical strategies that address the substantive and procedural challenges faced in this field of law. Legal practitioners can expect to find practical guidance, real-world strategies, and insightful analyses that may significantly help them in client advocacy.
Comprehensive Chapter Overview
The treatise is structured over ten exhaustive chapters, each highlighting crucial facets of medical malpractice litigation:
1. Duties of Healthcare Providers: Discusses the legal responsibilities of medical professionals and institutions, providing vital insights into recognizing breaches in duty and establishing liability.
2. Informed Consent: Offers practical recommendations for substantiating or contesting claims regarding absent informed consent, centering on patient rights and necessary disclosures.
3. Proximate Causation: Analyzes the legal benchmarks for establishing causation, giving actionable advice on linking negligence to resultant harm in malpractice cases.
4. Damages in a Medical Malpractice Case: Presents an elaborate framework for assessing and articulating damages, encompassing both economic and non-economic losses to maximize potential recoveries.
5. Pre-Suit Investigation of Medical Malpractice Claims: Offers detailed guidance on executing a thorough pre-suit examination, including record examination and expert consultations.
6. Expert Testimony and Learned Treatises: Explores the indispensable role of expert witnesses, detailing how to select and prepare them effectively, as well as the strategic application of medical literature.
7. Statute of Limitations: Elaborates on navigating New York's statute of limitations for malpractice claims, addressing various exceptions and tolling considerations.
8. Initial Pleadings: Covers the preparation and submission of initial pleadings, with sample templates and advice for drafting compelling complaints and responses.
9. Pretrial Discovery in Medical Malpractice Cases: Provides actionable guidance on managing discovery phases, including document requests and depositions, emphasizing the importance of securing pivotal evidence.
10. Trial of a Medical Malpractice Action: Gives systematic advice for trial preparation and execution, from jury selection through to closing arguments, including courtroom strategy insights.
A Practical Resource for Legal Professionals
Beyond mere legal principles, 'New York Medical Malpractice 2025' equips attorneys with tools and resources tailored for practical use, including:
- - Sample pleadings and checklists for efficient case preparation.
- - Case studies and examples illustrating typical challenges and their solutions.
- - Comprehensive analyses of statutory and case law to keep practitioners updated on the latest legal developments.
This treatise is indispensable for attorneys practicing in the realm of medical malpractice law in New York and those seeking to deepen their understanding of this specialized area. 'New York Medical Malpractice 2025' is readily available for purchase through LexisNexis in both eBook and print formats. For further inquiries or purchases, contact partners Howard Hershenhorn or Marijo Adimey at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf at 212-943-1090.
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