No Medical Monitoring Cause of Action in New York Without Physical Injury

On December 17, the New York Court of Appeals ruled that New York would not recognize a medical monitoring claim in the tort context without a physical injury, merely because an individual has an increased risk for future injury. The Court recognized that it has authority to create this cause of action, but determined that such a measure is better left to the legislature. Courts across the nation are split on the issue of whether to allow such claims to proceed in the absence of physical harm. However, New York’s highest court may persuade other jurisdictions to follow its lead on this issue.

Read more here.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s