Medical Malpractice Defense

As readers of this blog know, New York nursing homes, and nursing homes throughout the United States, have a legal duty of care to their residents. Unfortunately, many in our industry do not provide the care and safety that duty requires, and as a result, they face...

Medical malpractice cases are unlike other personal injury lawsuits in many ways. One of the key differences involves the standard of care. A typical car accident case, for example, rests on the legal theory that all drivers have the duty of care for others that any...

One of the most pervasive myths in New York State’s medical community is that most medical malpractice claims begin with the patient’s belief that the physician made some kind of professional mistake. In fact, research has demonstrated that the source of most medical...

It’s a legal requirement that patients share decision-making related to their treatment with their physicians. They must be adequately informed of the treatments available and the risks thereto, alternative treatments and their risks, as well as the risk of no...

A medical malpractice lawsuit can leave you on edge, and for good reason. A claim that’s successful against you can hit you with significant damages that lead to increased medical malpractice insurance premiums and extensive out-of-pocket costs. It can also severely...

Doctors in all specialties face the risk of a malpractice claim. But physicians and healthcare facilities can take measures that can provide a medical malpractice defense before an incident occurs. Malpractice A medical practitioner commits malpractice by not...

When a health care professional hears the term "medical malpractice," they may think that it only applies to physicians. Nurses, however, may also need to defend themselves against a malpractice claim. Medical malpractice overview If a nurse is accused of medical...

People in New York have the expectation that when they go to see doctors, they will not only be able to determine what is wrong, but also be able to help cure it. There are times when a certain medical condition may be too far along for doctors to anything about it,...

For many reasons, including the backlog in the court system due to the pandemic, there is a growing interest in settling medical malpractice cases through alternative dispute resolution (ADR), particularly mediation. So far, it has proven to be effective. What is...

Aggressive risk mitigation is a powerful tool versus medical malpractice suits. T these business practices are not only legally protective, they’ll likely support better medical outcomes. Best practices Mindful preparation for the possibility of a legal contest will...