Splitting Issues OK’d in Improper Exam Case Against N.Y. Doctor

A New York trial court properly set medical malpractice and employer oversight issues for separate trials in the case of a doctor accused of acting improperly while examining a female patient, a state trial court said.

Evidence admissible on claims that Huntington Medical Group negligently hired, trained, supervised, and retained physician Steven Wishner could unduly prejudice a jury to find against Wishner on patient Allison Mullen’s medical malpractice claim, the New York Supreme Court, Appellate Division, Second Department said.

New York’s court practice rules allow severance of claims when there’s a potential for prejudice.

Mullen’s potential evidence included a second ...