Peter these two cases may be of some value.
Best of luck.
Shawn
Shawn P. Kelly
KELLY, RODE & KELLY, LLP
Attorneys at Law
330 Old Country Road, Suite 305
Mineola, NY 11501
Telephone: (516)739-0400
Facsimile: (516) 739-0434
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My judge in a nursing home/malpractice is putting departure questions as to my client, whose only involvement is that he was Medical Director, employed the docs who saw pt., and issued some telephone orders even though there was no testimony as to him. His reasoning is that, as a member of the team, he has the same responsibilities as the doctors who saw the pt. and that he can be liable for negligence as as a medical director based on a reg. that requires the MR to assure proper care.
I have submitted 4 MOLs that show that the PH law does not apply to docs, that being a member of a group practice does nor make him liable, and there is no cause of action for negligent administration
Can any think of anything else