In their regular column for New York Law Journal on, New York medical malpractice attorneys Thomas A. Moore and Matthew Gaier discuss: “Departure From Accepted Standards: Navigating the Hindsight Rule”.

The hindsight rule is the determination of whether a physician was negligent, and is based upon the circumstances that existed at the time of the patient’s care or treatment. However, the rule prohibiting hindsight is often the subject of misapplication and misuse. In this article Tom Moore and Matt Gaier clear things up by discussing the types of subsequent evidence that are prohibited as impermissible hindsight from admissible deductions based on circumstantial evidence.

To read the full article, click here.

This medical malpractice column in the New York Law Journal on, co-written by KDLM partners Tom Moore and Matt Gaier, is a resource used by countless attorneys throughout New York state.