As the owner of a care institution, you've dedicated your career to providing a safe and nurturing environment for your residents. But despite your best efforts, the risk of nursing home abuse claims is always lurking. One misstep or one misunderstanding may lead to...
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How causation affects medical malpractice allegations
Medical professionals face immense pressure in their work. Sometimes, despite the best efforts of healthcare professionals, patients may suffer unfavorable outcomes. There are instances when these incidents lead to medical malpractice charges. In situations like...
Standard of care as a defense against nursing home negligence
New York nursing homes have several potential defenses to use after being accused of abuse or neglect. One of the most common defenses is that the nursing home met the standard of care. This is a simple defense that can be very effective and reducing or eliminating...
Establishing informed consent
The relationship between medical professionals and patients in healthcare anchors on trust and communication. One of the pillars of this relationship is informed consent. While it seems straightforward, informed consent can often be complex, especially in the context...
How pre-existing conditions affect a nursing home neglect defense
A nursing home neglect claim can threaten a business’s financial stability and its reputation. It can also put an individual worker at risk of being crushed by a judgment rendered against them, leaving them financially devastated and effectively ruining their career....
How can medical providers help avoid malpractice claims?
Medical malpractice is a critical issue for healthcare providers in New York. It occurs when a healthcare professional deviates from the accepted standard of care and harm to the patient results. In New York, medical malpractice is defined as a deviation from accepted...
Guard against spoliation of evidence in medical malpractice cases
It is common for doctors, nurses and other healthcare professionals who are facing medical malpractice claims to want to be aggressive with their defense strategy. After all, such a claim can jeopardize an individual’s professional reputation and credentials. However,...
Plaintiff mistakes to use to your advantage in a malpractice case
A medical malpractice lawsuit has the potential to devastate your career. It can negatively impact your reputation, lead to a large judgment against you, and perhaps even have implications for your professional license. That can be stressful to think about but take...
Defending against negligent hiring claims
Under the legal theory of respondeat superior, also referred to as vicarious liability, nursing homes may be held legally responsible for harm to a nursing home resident caused by the negligent actions of their employees. It is generally easier for residents and their...
Am I responsible for the bad acts of my nursing home staff?
Many nursing home companies spend a lot of time and money to make sure they have the best staff. As such, when these nursing home companies have staff members that acts badly, they want to know whether they are always responsible for the bad acts of their nursing home...