Even if they did nothing wronging, fighting off a medical malpractice case can be hard for a doctor or hospital. Often, the patients who file these cases garner the sympathy of New York juries who want to help. Whether out of sympathy or otherwise, even judges...
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Medical Malpractice Defense
Choosing a medical malpractice defense attorney in New York
Because New York is a very populous state, choosing a medical malpractice attorney can be very difficult. Many physicians in New York have impressive academic credentials, and most are accredited by the board that oversees their particular medical specialty. On paper,...
How damages mitigation plays into your medical malpractice case
There are two pieces of a medical malpractice lawsuit that you need to be prepared to defend against. The first is liability. Here, you can use experts and the facts to try to brush off attempts to lay blame for the plaintiff’s injuries at your feet. The second piece...
Is it malpractice if a doctor makes a wrong call?
When time is short and a patient’s life is at risk, doctors must make instant decisions. These moments are often unpredictable, with limited information and extreme pressure. If something goes wrong, is it considered malpractice? Below are some crucial points to...
How can doctors communicate with patients to avoid malpractice?
In New York, strong communication between doctors and patients does more than foster trust, it can also reduce the risk of malpractice. Many legal claims arise not from poor medical outcomes, but from misunderstandings, miscommunications or lack of clarity around...
How to handle patient complaints
New York doctors and healthcare professionals understand how quickly a patient complaint can lead to a host of negative consequences, including discipline, administrative hearings, potential loss of a medical license and a medical malpractice lawsuit. While you cannot...
In New York medical malpractice cases, the sky is the limit
Unlike many other states, New York does not have any legal caps on medical malpractice damages. Although there are other factors that practically limit how much New York judges and juries can award plaintiffs, in theory, the sky is the limit. A patient can get...
5 common pitfalls in obtaining informed consent
Getting informed consent protects you from malpractice claims and builds patient trust. When patients say they don't understand the risks or other treatment options, proper consent paperwork becomes your best defense. Small mistakes can lead to lawsuits even if your...
Ensuring adherence to legally accepted standard of care in NY
Adhering to the legally accepted standard of care is crucial for healthcare practitioners in New York. This standard ensures that you provide competent and adequate patient care, minimizing the risk of legal issues. Here are some key steps to help you stay compliant: ...
Understanding the statute of limitations in medical malpractice cases
As a healthcare professional, understanding the statute of limitations in medical malpractice cases is crucial for protecting yourself and your practice. This time limit sets the deadline for a patient to file a lawsuit against you or your healthcare entity. What is...