Legal

Vaccination Considerations for Medical Providers and Patients

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.


Informed Consent Considerations for Mammography in Women with Breast Implants

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...


Punitive Damages In Nursing Home Negligence Cases

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...


Operative Reports: Be Careful What You (Don’t) Write

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.


Men’s Health: Mitigating Exposure in Prostate Cancer Cases


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...


Psychiatric Advance Directives and the Treatment of Mentally Ill Patients


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...


New York Releases Final Sexual Harassment Guidance and Training Resources

On Oct. 1 New York state released its final sexual harassment guidance and resources, which implement New York’s April 2018 amended sexual harassment laws. The combined legal framework imposes the below requirements upon virtually all New York employers, including healthcare institutions.

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Update on New York’s Lavern’s Law

By now, most New York state physicians are aware that the statute of limitations for certain medical malpractice actions was amended earlier this year. The amendment frequently referred to as “Lavern’s Law” extended the limitation period for malpractice cases involving a claimed failure...


When the Problem is Sexual Harassment, Employing a Zero-Tolerance Policy May Not Be the Best Answer

In recent months, there have been well-publicized claims of sexual harassment involving men in powerful and/or prominent positions, such as Matt Lauer, Senator Al Franken and Bill O’Reilly, among others. In many of these reported cases, the alleged harasser was removed from his position. In...


Legal Considerations in Prescribing Opioids to Pediatric Patients

The opioid epidemic is not limited to adults. A 2016 National Survey on Drug Use and Health estimated that approximately 891,000 adolescents between the ages of 12 to 17 misused opioids in the prior year. Abuse of prescription drugs is often an easy gateway to illegal substance abuse...