There are two pieces of a medical malpractice lawsuit that you need to be prepared to defend against. The first is liability. Here, you can use experts and the facts to try to brush off attempts to lay blame for the plaintiff’s injuries at your feet. The second piece...
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Is nursing home neglect medical negligence?
New York law treats most nursing-home shortcomings as neglect, while it regards alleged clinical blunders by licensed professionals as medical malpractice. The distinction matters because the proof, deadlines and potential defendants change with the label. What counts...
Could prescribing opioids get you in trouble?
When you think of medical malpractice, you may naturally think of major mishaps, such as errors during surgery or other forms of obvious negligence. However, recent years have seen patients or their family’s suing doctors for prescribing drugs, specifically opioids,...
Is it malpractice if a doctor makes a wrong call?
When time is short and a patient’s life is at risk, doctors must make instant decisions. These moments are often unpredictable, with limited information and extreme pressure. If something goes wrong, is it considered malpractice? Below are some crucial points to...
How can doctors communicate with patients to avoid malpractice?
In New York, strong communication between doctors and patients does more than foster trust, it can also reduce the risk of malpractice. Many legal claims arise not from poor medical outcomes, but from misunderstandings, miscommunications or lack of clarity around...
How to handle patient complaints
New York doctors and healthcare professionals understand how quickly a patient complaint can lead to a host of negative consequences, including discipline, administrative hearings, potential loss of a medical license and a medical malpractice lawsuit. While you cannot...
In New York medical malpractice cases, the sky is the limit
Unlike many other states, New York does not have any legal caps on medical malpractice damages. Although there are other factors that practically limit how much New York judges and juries can award plaintiffs, in theory, the sky is the limit. A patient can get...
5 common pitfalls in obtaining informed consent
Getting informed consent protects you from malpractice claims and builds patient trust. When patients say they don't understand the risks or other treatment options, proper consent paperwork becomes your best defense. Small mistakes can lead to lawsuits even if your...
How can technology protect your nursing home from legal claims?
Digital tools have changed how nursing homes handle their daily operations and defend against legal claims. From tracking patient care to storing records, new tech solutions offer better ways to show proof of proper care. This matters now more than ever as nursing...
Attacking causation in a nursing home negligence case
Accusations of nursing home abuse or neglect in New York require an alleged victim to prove negligence. This means showing that the care provided fell below the acceptable standards and caused the resident injury or neglect. One of the most common defenses used by...

