It can feel like your back is against the wall when you’re accused of medical malpractice. And if you don’t mount an appropriately thorough and aggressive medical malpractice defense, then you could end up facing a judgment that’s costly to your financial well-being...
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Addressing a delayed diagnosis claim
Healthcare providers do their best to treat their patients accurately and timely. However, patients may make a claim of medical malpractice for a delayed diagnosis. The patient must demonstrate several elements for a successful claim. Medical malpractice First, the...
Protecting yourself against medical malpractice claims
Undergoing a medical procedure can be an overwhelming situation for patients, which is why medical professionals and facilities take the time to detail the procedure and explain the known risks and potential issues that could arise. Nonetheless, when issues do occur,...
Defending against a fall allegation at your nursing home
Falls happen in nursing homes, sometimes resulting in injuries to the nursing home resident. The resident or their family may accuse your nursing home facility of neglect. An allegation of neglect could cause you many problems, both in terms of finances and your...
Discovering pre-existing conditions in a medical malpractice case
Getting slapped with a medical malpractice lawsuit can leave you reeling, stunned that you’ve been accused of breaching the duty of care and harming your patient. Although confronting the claim filed against you can be stressful, you should take comfort knowing that...
Defending against a birth injury accusation
Doctors and nurses who bring babies into the world are helping create families and there is no doubt that they care for the safety and well-being of their patients. That’s why, when a patient accuses a doctor or nurse of causing their newborn child to suffer a birth...
How to use and attack expert testimony in your malpractice case
Medical malpractice cases that end up going to trial are oftentimes hard-fought, with each side presenting the evidence that they think is persuasive enough to sway the jury. While some of this evidence might be documentary in nature, a lot of it is going to be...
Updates From Phelan, Phelan & Danek, LLP
The 2022 New York Super Lawyers publication has been officially released. Congratulations John J. Phelan, III John J. Phelan, III has been selected for inclusion in this year’s New York Super Lawyers, for the 3rd consecutive year. His primary practice areas include...