Darlington Med. Diagnostics, P.C. v Praetorian Ins. Co., 2012 NY Slip Op 50226(U)(App. Term 1st Dept. 2012)
Extension of Pan Medical
I always said Praetorian mean business. I truthfully have never seen a company that had its ducks in a row like these guys. This case goes to show one thing. If you have good paper and solid procedures in place, the plaintiffs should really have something to fear.
“[1] The medical affidavit submitted by plaintiff contained no indication that the generic conclusions reached by the affiant — a physician whose field of practice is unspecified — were based upon either a medical examination of plaintiff or a review of plaintiff’s medical records. [2] Further, plaintiff’s affiant did not refer to, let alone rebut, the contrary findings made by defendant’s peer reviewer”
I recall the Second Department saying that it just did not matter what specialty the doctor was. It is nice to see Pan Medical (which cited to CPT Medical) get the expansion and context it deserves. This and ENKO have started to define, albeit piecemeal, the parameters of CPT and Pan.
One Response
It is more than official. The First Department has now joined the Second Department and the rest of the no-fault universe.