The rambling man does not meet burden of lack of medical necessity at trial

Webster Ave Med. Pavilion, PC v Allstate Ins. Co., 2014 NY Slip Op 50393(U)(App. Term 1st Dept. 2014)

“The trial court was entitled to reject the sparse and confusing opinion testimony offered by defendant’s medical expert — which reflected the expert’s confessed lack of knowledge as to the assignor’s medical condition at the time of testing — even though the expert’s testimony was unopposed”

Facebook
Twitter
Email
Print

4 Responses

  1. Those were the good old days when wise seasoned Jurists would fail to credit garbled peer review hearsay.I’m sure Juana took copious notes. lol

  2. I echo that sentiment.

    It recently came to my attention that Dr. William Ross, an IME/Peer doctor had passed away.

    As lawyers what we do can become very sober – and the cat and mouse games of no fault can become ever more sobering.

    But that is business. We all know that.

    The passing of Dr. Ross – someone with whom I had heated cross examinations – and also discussed wife, kids and books outside the courtroom – is a very sad event. He was a true doctor, a wonderful advocate for the insurance companies, and credit to his profession.

    Dr. Ross was a true gentleman, a man of many talents, a great family man, and wonderful doctor. I and many others shall miss seeing him in Court. My prayers to his family, and I shall surely miss him.

  3. The NY Time Obit is as follows for Dr. Ross:

    ROSS–Dr. William Allan, a Long Island internist, died at his home on December 30, 2013. He was 65. Dr. Ross was born on November 8, 1948 to Shirley and Daniel Ross in New York. He attended Bayside High School, where he helped earn Bayside the city swimming championship. He went on to compete nationally for Colgate University, and later on the Masters Swimmers circuit. Dr. Ross attended medical school at SUNY Downstate, was chief resident at Long Island Jewish, a fellow in gastroenterology at Mount Sinai, and practiced for more than 25 years. By all accounts, Dr. Ross was a skilled and beloved physician, an unparalleled diagnostician with a caring bedside manner–a doctor’s doctor. In 1972, Dr. Ross met his wife Cheryl. Together they raised four boys at their Great Neck home. This year, Bill and Cheryl celebrated their 40th anniversary. Dr. Ross is survived by his wife, Cheryl, his four sons, Jeffrey (Solange), Raymond (Tracy), Michael (Yael), and Daniel (Shari) and ten grandchildren. He also leaves behind his sister, Paula Kaplan, brother, Charles Ross, and mother, Shirley Ross. In lieu of flowers, please send donations to the Lustgarten Foundation – See more at: http://www.legacy.com/obituaries/nytimes/obituary.aspx?pid=168924290#sthash.7fx3nCFi.dpuf

Practice Areas

Our wide-ranging expertise will provide you with well-rounded legal counsel

At the Law Office of Jason Tenenbaum, our attorneys have the integrity and experience you need to best assist, advise, and support you through your legal challenge, every step of the way.

No Fault Defense
Practice Areas
No Fault Defense

Using cutting-edge technology and strategy to solve complicated problems.

Woman in the hospital with injured leg
Practice Areas
Personal Injury

We can fight for your pain and suffering, lost income, medical bills, and any future lost wages.

Upset woman in the front of the computer with bills
Practice Areas
Medical Malpractice

You have the right to bring a malpractice claim for your medical expenses, lost income and pain and suffering.

Card in the hand
Practice Areas
Consumer Protection

If you have been sued for an unpaid consumer loan, fallen behind on your credit card bills or similar.

Court room
Practice Areas
Commercial Litigation

We can help when you are faced with commercial litigation issues.

We dedicate ourselves to important values

We work hard to fight for your individual case and rights, while providing superior legal services on a timely, effective, and efficient basis. 

Need Help With Your Case?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.

Got Questions?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.