The best chance a New York nursing home gets to defend against negligence claims and other legal allegations is before a lawsuit even gets filed. Most nursing home abuse and neglect litigation boils down to one or more employees of the long-term care facility not...
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Month: September 2025
What are the discovery pitfalls in malpractice defense?
Electronic medical records preserve more than notes. Their audit trails can reveal who accessed a chart, when changes were made and how the system recorded events. New York’s broad disclosure rule (CPLR 3101), “full disclosure of all matter material and necessary,”...
After a fall allegation, what should NY nursing homes do?
When a resident fall is alleged, the first priority is clinical care. The next is preserving and reporting facts with discipline. New York’s nursing-home standards require facilities to provide necessary care to help residents attain or maintain their highest...
Medical malpractice nuclear verdicts are on the rebound
Since 2020 and 2021, when court activity slowed, nuclear verdicts in medical malpractice cases have been in full rebound. A nuclear verdict is when a judge or jury awards a plaintiff at least $10 million in their case against a medical provider. According to Insurance...

