A medical malpractice deposition is one of the most stressful events a doctor can face. For physicians in New York, knowing this legal process well and approaching it with a clear plan can help shape the outcome of their case. Understand what a deposition involves A...
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How New York nursing homes should document treatment refusal
A resident’s refusal of medication or treatment can put your nursing home in a difficult position. You need to respect the resident’s choices while keeping a clear record of what staff explained, observed and did afterward. If the resident’s condition later worsens,...
The importance of a duty of care in medical malpractice cases
When someone sues a medical care provider for malpractice, it is critical that they can establish a duty of care. Not all medical workers in a facility are going to have a duty of care to that patient. Only by establishing this relationship can the patient actually...
How informed consent records protect New York physicians
When a patient experiences a complication they were never warned about, they may have grounds for a malpractice claim, even if you performed the procedure correctly and without error. This is one of the more frustrating situations you can face as a physician, because...
Defending delayed diagnosis claims in long-term care settings
Facilities that provide long-term care encounter unique challenges when someone alleges that a diagnosis should have occurred sooner. If the facility cannot defend against the claim, it may face investigation, professional discipline and financial damages. A defense...
Not all nursing home falls are preventable
Fall risk is one of the top reasons that families move older adults into nursing homes. They worry about someone getting hurt when there is no one to provide them with physical assistance for dressing, bathing or moving around the house. The employees staffing a...
Can data from wearables create malpractice risks?
Wearable devices and home monitoring tools now play a larger role in healthcare. Patients can track heart rhythms, blood pressure, glucose levels and other health information from home. They can also send this information through patient portals and remote monitoring...
Managing patient requests that conflict with care standards
Healthcare professionals are seeing more patients who arrive with information from social media, online forums and health influencers. Many patients feel strongly about what treatment they want and may believe they know what is best for their body. While patient input...
3 errors to avoid if your nursing home faces accusations of abuse
As the owner or management team of a nursing home, little is worse than discovering someone has accused your facility of neglecting or abusing those in your care -- especially when you are sure it is untrue. Staying calm is crucial, as acting in haste could lead to...
How documentation can help protect nursing homes in litigation
There's a saying in the health care industry: "If you didn't document it, you didn't do it." It means that even if you provide the care, there's no proof without documentation. In a highly regulated environment like long-term care, documentation often becomes one of...

