Elmont Open MRI & Diagnostic Radiology, P.C. v State Farm Ins. Co., 2010 NY Slip Op 50053(U)(Dis. Ct. Nassau Co. 2010) “When a doctor testifies outside
Plourd v Sidoti, 2010 NY Slip Op 00056 (3d Dept. 2010) “Plaintiff thereafter commenced this action, alleging that the failure of the emergency room [*2]physician, defendant
The Appellate Division, Second Department, in Shectman v Wilson 2009 NY Slip Op 09208 (2d Dept. 2009), observed the following: “Here, the defendant physicians established their
Now, Travelers has joined in the parade to non-suit plaintiffs who put in pro-forma affidavits of medical necessity in an attempt to defeat an insurance carrier’s
In reading some of the entries in this blog, you might have noticed that a medical provider in a no-fault case, outside of New York, must
In our latest adventure to the Appellate Term, entitled Exclusive Med. Supply, Inc. v Mercury Ins. Group, 2009 NY Slip Op 502273(u)(App. Term 2d Dept. 2009),
In affirming the denial of plaintiff’s summary judgment motion, the Appellate Term, First Department in Krishna v Liberty Mut. Ins. Co. 2009 NY Slip Op 51312(U)(App.
Bronze Acupuncture, P.C. v Mercury Ins. Co. 2009 NY Slip Op 51219(U)(App. Term 2d Dept. 2009) This case hints at what a medical provider must proffer
Bongiorno v State Farm Ins. Co. 2009 NY Slip Op 50860(U)(App. Term 2d Dept. 2009) This case is not remarkable in any way, except according to
I can’t comment much on this matter, but if you read the record on appeal in this matter and the record on appeal in the matter
I encounter on many levels summary judgment motions predicated upon the defense that a service lacks medical necessity in accordance with a peer review which finds
I got that line from another blogger. That comment refers to a case that is anything but remarkable. Although there was a long and very thoughtful
This is similar to the cases where a peer doctor fails to review sufficient documentation before arriving at an opinion. “Lack of Foundation to form an
Again, this is not necessarily a pure no-fault post. However, this is a no-fault post by analogy. I came across a doosy of a decision and
