§Why CasetextPricing

Edwin Davis et al., Appellants,v.South Nassau Communities Hospital, et al., Respondents.

Brief

66 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 10,066 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 694 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

  3. Lauer v. City of New York

    95 N.Y.2d 95 (N.Y. 2000)   Cited 555 times   1 Legal Analyses
    Holding that the Medical Examiner's statutory duty to prepare post-autopsy reports and report to the District Attorney benefits "the public at large" and was not enacted for individual benefit

  4. Eiseman v. State of New York

    70 N.Y.2d 175 (N.Y. 1987)   Cited 359 times
    Holding that liability for negligent misrepresentation requires injury or damage to plaintiff

  5. Bleiler v. Bodnar

    65 N.Y.2d 65 (N.Y. 1985)   Cited 330 times
    Holding that a failure to take proper medical histories constitutes medical malpractice because taking a medical history is a crucial part of diagnosis and treatment, while the failure to provide competent medical personnel or promulgate appropriate emergency room rules constitutes ordinary negligence

  6. Palsgraf v. Long Island R.R. Co.

    248 N.Y. 339 (N.Y. 1928)   Cited 2,036 times   11 Legal Analyses
    Holding that foreseeability is a factor in determining duty and stating that "the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty"

  7. Scott v. Uljanov

    74 N.Y.2d 673 (N.Y. 1989)   Cited 237 times   1 Legal Analyses
    Holding that negligence claim arising out of hospital's failure to “supervise” intoxicated patient who fell out of hospital bed was more properly characterized as malpractice claim for purposes of determining the applicable statute of limitations because the conduct at issue related to “the hospital's assessment of the supervisory and treatment needs” of the patient and therefore “constituted an integral part of the process of rendering medical treatment”

  8. Strauss v. Belle Realty Co.

    65 N.Y.2d 399 (N.Y. 1985)   Cited 236 times
    Holding utility company owed no duty to noncustomer tenant injured in a fall in the common area of apartment building for negligent failure to restore power after a power outage

  9. Purdy v. Public Administrator

    72 N.Y.2d 1 (N.Y. 1988)   Cited 202 times
    Finding no duty to members of the general public where defendant health facility lacked authority, in non-emergency context, to restrict voluntary resident of nursing home from leaving

  10. De Angelis v. Lutheran Medical Center

    58 N.Y.2d 1053 (N.Y. 1983)   Cited 231 times
    In De Angelis v. Lutheran Medical Ctr., 58 N.Y.2d 1053, 1055, 462 N.Y.S.2d 626, 627, 449 N.E.2d 406, 407 (1983), it declared: "In fixing the bounds of... duty, not only logic and science, but policy play an important role."

  11. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 39,609 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence

  12. Section 3101 - Scope of disclosure

    N.Y. C.P.L.R. § 3101   Cited 6,604 times   6 Legal Analyses
    Granting trial court broad discretion to penalize disclosure abuses

  13. Section 214-A - Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions

    N.Y. CPLR 214-A   Cited 1,345 times
    Stating that "'continuous treatment' shall not include examinations undertaken at the request of the patient for the sole purpose of ascertaining the state of the patient's condition"

  14. Section 208 - Infancy, insanity

    N.Y. CPLR 208   Cited 918 times   1 Legal Analyses
    Allowing a plaintiff with a civil claim of sexual abuse committed against her when she was less than eighteen years old to commence an action until she “reaches the age of fifty-five”

  15. Section 3017 - Demand for relief

    N.Y. C.P.L.R. § 3017   Cited 729 times

    (a) Generally. Except as otherwise provided in subdivision (c) of this section, every complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a demand for the relief to which the pleader deems himself entitled. Relief in the alternative or of several different types may be demanded. Except as provided in section 3215, the court may grant any type of relief within its jurisdiction appropriate to the proof whether or not demanded, imposing such terms as

  16. Section 2805-D - Limitation of medical, dental or podiatric malpractice action based on lack of informed consent

    N.Y. Pub. Health Law § 2805-D   Cited 704 times   1 Legal Analyses

    1. Lack of informed consent means the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical, dental or podiatric practitioner under similar circumstances would have disclosed, in a manner permitting the patient to make a knowledgeable evaluation. 2. The right of action to recover for medical, dental or podiatric malpractice based on a lack of informed

  17. Section R4111 - General and special verdicts and written interrogatories

    N.Y. C.P.L.R. § 4111   Cited 275 times   1 Legal Analyses
    Requiring itemized verdicts in malpractice and personal injury cases

  18. Section 3012-A - Certificate of merit in medical, dental and podiatric malpractice actions

    N.Y. C.P.L.R. § 3012-A   Cited 216 times   2 Legal Analyses
    Requiring a Certificate of Merit for claims of medical malpractice

  19. Section 4401-A - Motion for judgment

    N.Y. CPLR 4401-A   Cited 120 times

    A motion for judgment at the end of the plaintiff's case must be granted as to any cause of action for medical malpractice based solely on lack of informed consent if the plaintiff has failed to adduce expert medical testimony in support of the alleged qualitative insufficiency of the consent. N.Y. CPLR 4401-A

  20. Section R3406 - Mandatory filing and pre-calendar conference in dental, podiatric and medical malpractice actions

    N.Y. C.P.L.R. § 3406   Cited 99 times
    Referring to filing of medical malpractice notices

  21. Section 691.20 - Claims or actions for personal injury, property damage, wrongful death, loss of services resulting from personal injuries, due to negligence or any type of malpractice, and claims in connection with condemnation or change of grade proceedings

    N.Y. Comp. Codes R. & Regs. tit. 22 § 691.20   Cited 111 times

    (a) Statements as to retainers; blank retainers. (1) Every attorney who, in connection with any action or claim for damages for personal injury or for property damages, or for death or loss of services resulting from personal injuries, due to negligence or any type of malpractice or in connection with any claim in condemnation or change of grade proceedings, accepts a retainer or enters into an agreement, express or implied, for compensation for services rendered or to be rendered in such action

  22. Section 405.9 - Admission/discharge

    N.Y. Comp. Codes R. & Regs. tit. 10 § 405.9   Cited 13 times   1 Legal Analyses

    (a)General. (1) The governing body shall establish and implement written admission and discharge policies to protect the health and safety of the patients and shall not assign or delegate the functions of admission and discharge to any referral agency and shall not permit the splitting or sharing of fees between a referring agency and the hospital. (b)Admission. (1) Each patient shall be advised of their rights pursuant to section 405.7 of this Part and, as appropriate, the criteria for Medicaid

  23. Section 485.6 - Application

    N.Y. Comp. Codes R. & Regs. tit. 18 § 485.6   Cited 6 times

    (a) Approval to operate an adult care facility, except for a shelter for adults addressed in Part 491 of this Title, shall be granted only to an operator who satisfactorily demonstrates and documents, on forms and in a manner prescribed by the department, that: (1) The operator: (i) is of good moral character and standing in the community; (ii) has the competence to effectively operate the proposed program; (iii) has developed a facility and program of operation which is in compliance with applicable

  24. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation

  25. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review