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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...
The best chance a New York nursing home gets to defend against negligence claims and other legal allegations is before a lawsuit even gets filed. Most nursing home abuse and neglect litigation boils down to one or more employees of the long-term care facility not...
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,”...
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...
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...
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...
People who have a loved one in a New York State nursing home expect that the proper care will be provided. That includes medication, physical therapy, activities, good nutrition, and more. When a resident suffers an unexpected illness, condition or injury, it is...
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...
Nursing shortages in Albany hospitals can significantly raise the risk of medical malpractice claims, but unfortunately, they are a practical reality that most healthcare workers must endure, especially nurses. However, nurses have effective tools to enhance patient...
Even if they did nothing wronging, fighting off a medical malpractice case can be hard for a doctor or hospital. Often, the patients who file these cases garner the sympathy of New York juries who want to help. Whether out of sympathy or otherwise, even judges...
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