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,”...
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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...
Ensure your nursing home’s staffing adheres to state requirements
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...
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...
How can understaffed nurses avoid medical malpractice claims?
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...
Medical professionals may need to appeal a verdict
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...
Choosing a medical malpractice defense attorney in New York
Because New York is a very populous state, choosing a medical malpractice attorney can be very difficult. Many physicians in New York have impressive academic credentials, and most are accredited by the board that oversees their particular medical specialty. On paper,...
How a nursing home can prevent negligence claims
A negligence claim against your nursing home can cause serious harm to your reputation, preventing you from fulfilling your duty to provide care and treatment to elderly New York residents. Even a claim of negligence that ultimately proves to be false can have a...

