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...
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Medical Malpractice Defense
How to respond when your malpractice insurer wants to settle
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...
Responding to resident complaints without increasing liability
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....
Can you be sued for malpractice despite providing proper care?
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...
Responding to surgical never event allegations in New York
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...
Know how informed consent impacts medical malpractice claims
In New York, medical malpractice claims are generally viewed from the patient’s perspective. There might be a reflexive belief that the medical professionals must have made a mistake that led to the negative outcome. In truth, there are many ways in which a doctor or...
How to prepare for deposition in medical malpractice defense
What you say and do after being accused of medical malpractice can make a profound difference in your case. If you take to social media, for example, and apologize for mistakes that you’ve made while practicing medicine, then the plaintiff is bound to discover and...
Don’t make these mistakes in your medical malpractice defense
There’s a lot at stake in your medical malpractice case. If you’re not careful, then you could wind up subjected to a judgment that’s not only costly but also harmful to your professional reputation. That’s why it’s crucial that you know how to mount the most...
How can hospitals use good documentation to reduce malpractice claims?
Today, hospitals face more challenges from patients making malpractice claims that are questionable. These rampant practices push the need to protect the institution while still giving quality care. Good documentation is your first defense against these claims....
What is the role of expert testimony in medical malpractice cases in New York?
If someone wants to file a medical malpractice claim, they generally need to use expert testimony to help build their case. Expert testimony serves as the cornerstone for both establishing the patient's claim and defending a physician's actions. A patient needs the...

