Key Developments and Updates in Medical Malpractice Law

Join us for this comprehensive update course covering a year's worth of changes to cases and statutes in the most popular topics for tort practitioners. Led by distinguished attorneys John Bonina and Jenny Faye, this course dissects recent appellate decisions, primarily from the First and Second Departments, to provide actionable strategies for both plaintiff and defense counsel.

Medical malpractice law is a constantly evolving landscape where a single decision can alter the trajectory of a case. This course moves beyond basic theory, offering a practical analysis of recent court rulings that impact everything from initial pleadings to trial verdicts. Participants will gain insight into how courts are currently interpreting statutes of limitations, the sufficiency of expert testimony, and the nuances of causation. By reviewing real-world case studies—ranging from birth injuries and cancer misdiagnoses to surgical errors and nursing home liability—attorneys will learn how to avoid common pitfalls that lead to summary judgment dismissal and how to strengthen their evidentiary presentations.

Key learning outcomes and topics covered include:

• Procedural Hurdles and Notices of Claim: Analyze the implications of Moody v. Dubois regarding late notices of claim, and understand the jurisdictional effects of a defendant's death or the exclusivity of the 9/11 Victim Compensation Fund.
• Discovery and Deposition Strategies: Review recent applications of the "seven-hour rule" for depositions and the specific protocols for the disclosure and inspection of pathology slides.
• Summary Judgment Trends: Identify why summary judgment motions are granted or denied, focusing on the dangers of speculative expert opinions, mathematical errors in testimony, and the necessity of factual accuracy.
• Causation and Expert Testimony: Learn the critical importance of selecting the correct expert for specific medical issues, distinguishing between nursing and physician standards of care, and proving proximate cause in failure-to-refer cases.
• Facility Liability Distinctions: Understand the legal differences between Residential Health Care Facilities and Assisted Living Facilities, specifically regarding Public Health Law 2801-d and the continuous treatment doctrine.
• Case-Specific Analyses: Explore recent rulings on fall prevention, foreign objects retained after surgery, delayed diagnoses, and the impact of verdict sheet errors on trial outcomes.

Whether you are looking to refine your summary judgment opposition, ensure proper service of process, or maximize damages recovery, this course provides the essential knowledge required to navigate the complexities of modern medical malpractice litigation. Join us to ensure your practice remains compliant, competitive, and prepared for the year ahead.