A scholarly article co-authored by David A. Mayer, M.D., FACS, and Professor Christopher McGrath is scheduled to appear in the Fall/Winter 2010 issue of the Minnesota Journal of Law, Science & Technology.
The article — titled “And Justice for All: A Proposal to Ameliorate the Harsh Impact of New York’s Late Notice of Claim Statute on Infant Medical Malpractice Plaintiffs” — will be the first to critically examine the de facto economic segregation unintentionally created by New York’s late notice of claim legislation and its strict-constructionist interpretation by appellate courts in infant medical malpractice proceedings against municipalities.
The authors hope the article will encourage heated public debate and lead to a reexamination of current New York law and judicial treatment of infant medical malpractice plaintiffs in the context of access to justice and the court system for victims of neonatal obstetrical negligence.
This article was inspired when Dr. Mayer was a student in Professor McGrath’s popular New York Civil Practice course at Hofstra Law.
Dr. Mayer, a widely published and cited professor and chairman of surgery at New York Medical College, was struck by the unjust appellate reversal of the trial court’s decision in the case of Williams v. Nassau County Medical Center, which constitutes the centerpiece of the forthcoming article.
Professor McGrath, a senior partner at Sullivan, Papain, Block, McGrath and Cannavo, has devoted a lifetime to representing victims of serious injury and medical negligence and advancing civil trial advocacy in New York state.
He lends the requisite legal expertise to Dr. Mayer’s medical background, resulting in a unique blend of cross-fertilized medico-legal authorship.