Medical Malpractice Defense

Facilities that provide long-term care encounter unique challenges when someone alleges that a diagnosis should have occurred sooner. If the facility cannot defend against the claim, it may face investigation, professional discipline and financial damages.  A defense...

Wearable devices and home monitoring tools now play a larger role in healthcare. Patients can track heart rhythms, blood pressure, glucose levels and other health information from home. They can also send this information through patient portals and remote monitoring...

Healthcare professionals are seeing more patients who arrive with information from social media, online forums and health influencers. Many patients feel strongly about what treatment they want and may believe they know what is best for their body. While patient input...

When providing medical care, doctors, nurses, surgeons and other medical professionals always strive for a positive outcome for the patient. But that does not mean it is always possible. Many procedures are not guaranteed to have good results, and there are inherent...

If your organization is exploring charting tools with artificial intelligence (AI), you are not alone. Healthcare providers across New York may be evaluating this technology to reduce paperwork, ease staffing pressure and give clinicians more time with patients. The...

You just stepped out of a difficult procedure. While your focus is on patient recovery, your legal work has just begun. In a New York courtroom, what you did in that operating room only exists in the eyes of the law if you recorded it. For surgeons and healthcare...

Facing a malpractice claim is stressful enough. When your insurance carrier recommends settling a case you believe you handled properly, the frustration can feel overwhelming. Insurers often push for settlement because it costs less than going to trial. But for the...

A resident complaint often starts as a simple service concern. However, it can become a liability issue if the facility’s response seems inconsistent, slow or dismissive. In Albany long-term care settings, regulators regularly track grievances following New York law....

The short answer is yes. Any patient can file a medical malpractice claim against you, even when your care is entirely appropriate. However, filing a lawsuit and winning one are two distinct outcomes. Proving that malpractice occurred A malpractice lawsuit requires...

Surgical never events are serious medical mistakes that should clearly never happen. Examples include operating on the wrong body part or leaving a tool inside a patient. In New York, hospitals must comply with the New York Patient Occurrence Reporting and Tracking...