Legal Opinion

Mendez v. New York & Presbyterian Hospital

New York Supreme Court

Decided November 14, 2011PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Douglas E. McKeon, J.

The above-entitled obstetrical medical malpractice action, brought on behalf of Miles Mendez (the infant) by his mother Melina Mendez, was settled before the undersigned for $5,500,000 and an infant’s compromise order was recently executed. This decision discusses the court’s application of the New York State Medical Indemnity Fund (the Fund, the - statute) and the method by which the settlement was allocated.

In the parlance of medical malpractice lawyers, this is a “baby case.” It concerns claims that medical personnel at New York and Presbyterian…

2Cases cited6 opinions

  1. Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
  2. Flaherty v. FrombergAppellate Division of the Supreme Court of the State of New York · 2007
  3. Desiderio v. OchsNew York Court of Appeals · 2003
  4. Martelly v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Manuka v. CrenshawAppellate Division of the Supreme Court of the State of New York · 2007

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Joyner-Pack v. StateNew York Court of Claims · 2012
  2. Z.T. ex rel. Taylor v. Long Island College HospitalNew York Supreme Court · 2016
  3. Z.T. v. Long Is. Coll. Hosp.New York Supreme Court · 2016

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