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...
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Avoiding medical malpractice claims in New York
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...
Patient safety and informed consent
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...
4 issues when considering a medical malpractice settlement
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...
Reducing the risk of a malpractice claim
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...
Common nursing home claims and potential defenses
Healthcare professionals join the medical field to help their patients. For those who work in nursing homes, it can be difficult if they are accused of injuring their patient in this setting. Common claims There are several common nursing home personal injury claims...
Defending against a nursing medical malpractice claim
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...
What is the statute of limitations for medical malpractice?
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,...
How can New York healthcare entities prevent neglect allegations?
Nursing home neglect is a serious issue that can affect the health and well-being of residents and expose health care entities to legal liability. However, New York health care entities can take steps to avoid nursing home neglect accusations, and there are possible...
The role of mediation in medical malpractice cases
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...