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30 Aug 2012, 9:37 pm
Term 2d Dept. 2012) “In opposition to defendant’s cross motion, plaintiff submitted an affidavit of its doctor which sufficiently demonstrated the existence of a question of fact as to medical necessity, [citing], Quality Psychological Servs., P.C. v Mercury Ins. [read post]
20 Feb 2010, 10:44 pm
Ellis v Eng, 2010 NY Slip Op 01453 (2d Dept. 2010) This medical malpractice case, I think, is a must read for many reasons. [read post]
22 Jun 2010, 2:34 pm
Okay, I am back to my posts regarding what should be necessary to defeat a medical necessity summary judgment motion. [read post]
11 Mar 2011, 10:09 pm
., 2011 NY Slip Op 01828 (2d Dept. 2011) “The plaintiff, St. [read post]
21 May 2012, 12:43 am
Maimonides Medical Med. [read post]
12 Aug 2012, 5:43 pm
Term 2d Dept. 2012) Is this the second case where the court upheld judgment in favor of plaintiff on a medical necessity matter, where the Plaintiff failed to put on a rebuttal case? [read post]
15 Mar 2011, 4:58 pm
., 2011 NY Slip Op 01828 (2d Dept. 2011) “The plaintiff, St. [read post]
19 Aug 2010, 3:33 pm
Term 2d Dept. 2010) “[t]he affirmed reports of plaintiff’s medical provider in Florida, submitted in opposition to defendant’s motion, were not in admissible form, as the doctor was not licensed in the State of New York and, thus, was not authorized to execute an affirmation under [...] [read post]
26 Oct 2006, 5:13 pm
The measure eliminates a long-standing medical necessity exception to the country's anti-abortion laws. [read post]
17 Jul 2014, 8:13 am
Gibson told Congress yesterday that his department needs the money to hire 10,000 additional medical staff, build new clinics and pay ... [read post]
12 Jun 2012, 10:51 am
Tyson v Nazarian, 2012 NY Slip Op 04459 (4th Dept. 2012) I think a case like this probably explains on some level the 1% rule in no-fault verses the “exacerbation” rule in the 5102(d) context. [read post]
26 Sep 2011, 12:18 pm
Term 2d Dept. 2011) “Defendant’s expert medical witness, who was not the expert who had prepared the peer review report upon which defendant’s denial of the subject claim was based, should have been permitted to testify (see Psychology YM, P.C. v Geico Gen. [...] [read post]
30 May 2012, 6:05 am
Term 2d Dept. 2012) “The affidavit of plaintiff’s medical billing supervisor, while explaining [...] [read post]
9 Aug 2012, 6:51 am
Term 2d Dept. 2012) “Omar Brown’s sworn statement, it was not plaintiff who had provided the equipment at issue directly to him. [read post]
19 Oct 2011, 5:14 pm
Term 2d Dept. 2011) This case is wacky. [read post]
30 Aug 2012, 9:34 pm
But in addition, the carrier had to also prove lack of medical necessity on one of the [...] [read post]
19 Nov 2010, 12:42 am
Lutheran Medical Center, NY Slip Op 07906 (2d Dept. 2010) Monday’s issue: Torts. [read post]
16 May 2012, 4:54 pm
Term 1st Dept. 2012) “The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first-party no-fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations [...] [read post]
15 Sep 2011, 12:57 pm
Term 1st Dept. 2011). [read post]
26 Aug 2010, 2:01 pm
The First Circuit on Tuesday summarily affirmed Medical Practice Solutions, LLC v. [read post]
