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Category: Medical Necessity

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MUA is dangerous

Mollo Chiropractic, PLLC v American Commerce Ins. Co., 2020 NY Slip Op 51548(U)(App. Term 2d Dept. 2020) “Defendant’s experts’s theory in both his peer review report

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Medical necessity?

DRD Med., PC v Global Liberty Ins. Co. of N.Y, 2020 NY Slip Op 50385(U)(App. Term 1st Dept. 2020) “We agree with Civil Court that the

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What is credible?

Advanced Orthopedics, PLLC v GEICO, 2019 NY Slip Op 50500(U)(1st Dept. 2019) “The Civil Court dismissed the complaint, finding defendant’s witness to be credible, worthy of

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Medical malpractice burdens

Wei Lin v Sang Kim, 2019 NY Slip Op 00161 (2d Dept. 2019) “The defendant’s expert merely summarized the medical records and certain deposition testimony, and

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“Not based on an examination”

Forest Drugs v Global Liberty Ins. Co. of N.Y., 2018 NY Slip Op 51708(U)(App. Term 1st Dept. 2018) “In opposition, the medical affirmation submitted by plaintiff failed

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MUA trial victory

  The new fee schedule notwithstanding, the question here is whether MUA treatments were necessary.  You saw part of the typical play by play in the

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Out of scope – need foundation

Gullo v Bellhaven Ctr. for Geriatric & Rehabilitative Care, Inc., 2018 NY Slip Op 00279 (2d Dept. 2018) “Here, Shapiro established his prima facie entitlement to judgment

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