What are the triable issues in a medical malpractice case?
"New York", United States of America
The following excerpt is from Levy v. Fischman, 5 N.Y.S.3d 328 (Table) (N.Y. App. Term 2014):
However, defendants' submissions failed to eliminate all triable issues as to plaintiffs' other allegations of malpractice (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 [1986] ). Among the unresolved issues are whether defendants agreed to handle all medical bills and insurance claims related to the underlying motor vehicle accident and, if so, whether they exercised ordinary and reasonable care in doing so.
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