Critical to the defense of any medical malpractice claim at trial is neutralizing and eliminating sympathy from the pool of prospective jurors that will ultimately render a verdict as to whether the defendant physician is liable for the patient-plaintiff’s injuries. This is especially true when the injured party is a child.
Oncologists are not sued for medical malpractice as frequently as other specialists, but there are patterns in the types of situations that prompt medical malpractice claims against them. An awareness of these patterns can help oncologists better engage with their patients contemporaneously and hopefully prevent claims of negligence altogether. When a claim is made, having thorough and well-documented patient engagement and management helps demonstrate that the standard of care was met, which is imperative to a physician’s defense.
Following the first public hearings on sexual harassment since the early 1990s, New York passed legislation enacting major changes and the potential for much greater liability for employers in the state. The law will apply to all employees and non-employees, such as independent contractors. The changes liberalize the State Human Rights Law (HRL) and harmonize parts of it with the New York City Human Rights Law.
A windfall from a loved one can be both rewarding and complicated.
The decision about whether to be vaccinated is a patient’s choice. Vaccine manufacturers and medical providers are not commonly sued when patients become injured or sick or when they die after being vaccinated, as most cases are processed by the National Vaccine Injury Compensation Program.
Mammography is generally considered a low-risk diagnostic test that plays an important role in the early detection of breast cancer. Risks associated with mammography include pain and exposure to low-dose radiation. The risks are increased in women with breast implants. Breast implants...
Nursing home litigation has significantly increased in recent years due to a combination of factors. In part, nursing home admissions are rapidly rising as people live longer, despite that they cannot necessarily remain independent. Additionally, the public perception of nursing homes...
An operative report documents the details of surgery. The Joint Commission on Accreditation of Healthcare Organizations directs that it be dictated immediately after surgery so there is sufficient information in the medical record prior to the patient’s transfer to the next level of care.
Jacqueline D. Berger, Esq.
Prostate cancer is known as one of the most common, treatable and least life-threatening cancers. One in every nine men will have a diagnosis of prostate cancer in his lifetime, but only approximately 2 percent of those patients die from it. However, physicians...
Michelle A. Frankel, Esq.
Gregory J. Radomisli, Esq
Individuals may use different methods to determine what treatment they will receive in the future if they become incompetent to make their own medical decisions. Traditionally, people use a healthcare proxy and/or a living will...
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