In their regular column for New York Law Journal on Law.com, New York medical malpractice attorneys Thomas A. Moore and Matthew Gaier discuss: “Departure From Accepted Standards: Navigating the Hindsight Rule”.
The hindsight rule determines whether a physician was negligent and is based on the circumstances that existed at the time of the patient’s care or treatment. However, the rule prohibiting hindsight is often misapplied and misused. In this article, Tom Moore and Matt Gaier clarify the types of subsequent evidence that are not permitted as impermissible hindsight from admissible circumstantial evidence deductions.
To read the full article, click here.
This medical malpractice column in the New York Law Journal on Law.com, co-written by KDLM partners Tom Moore and Matt Gaier, is a resource used by countless attorneys throughout New York state.