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...
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Medical Malpractice Defense
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...
What are the discovery pitfalls in malpractice defense?
Electronic medical records preserve more than notes. Their audit trails can reveal who accessed a chart, when changes were made and how the system recorded events. New York’s broad disclosure rule (CPLR 3101), “full disclosure of all matter material and necessary,”...
After a fall allegation, what should NY nursing homes do?
When a resident fall is alleged, the first priority is clinical care. The next is preserving and reporting facts with discipline. New York’s nursing-home standards require facilities to provide necessary care to help residents attain or maintain their highest...
Medical malpractice nuclear verdicts are on the rebound
Since 2020 and 2021, when court activity slowed, nuclear verdicts in medical malpractice cases have been in full rebound. A nuclear verdict is when a judge or jury awards a plaintiff at least $10 million in their case against a medical provider. According to Insurance...
How charting can help defuse medical malpractice claims
The possibility of a medical malpractice lawsuit is a major concern for physicians. Patients who don't follow their treatment plans or medical advice may later try to blame their physicians for poor outcomes. In some cases, frustrated patients might go so far as to...
Should you mediate your medical malpractice case?
A medical malpractice claim can threaten your career, your reputation and your financial stability. It’s therefore critically important that you know how to navigate your case in a way that protects your best interests. While aggressively defending against the...

