Legal

Is the Office-based Pediatrician Liable for Pediatric Obesity?

Early-onset obesity in America has been termed an “epidemic.” The Centers for Disease Control and Prevention estimates that 17 percent of American children are obese. Obesity is defined as a body mass index of greater than or equal to the 95th percentile. Aside from the extra cost of...


Limiting Exposure for Claims of Untimely Reporting of Critical Radiological Findings

Radiologists are frequent targets of medical malpractice lawsuits alleging a failure to diagnose, failure to properly communicate imaging results or failure to make appropriate recommendations. The failure to communicate claim typically arises in the context of a critical finding identified on...


Employee Handbook: A Valuable Tool if Properly Prepared and Implemented

Employee Handbooks can be invaluable when setting a tone, enforcing policy and structuring the workplace. The employee handbook becomes even more important for small and midsize businesses where human resource issues are not addressed by a team of professionals. Lack of an employee handbook is...


Don’t Let the Zika Virus Bite You, Too: Obstetricians and Legal Liability

As warmer weather returns, mosquitoes will reemerge from hibernation. The Zika virus made headlines last year as studies revealed it was associated with microcephaly and Guillain-Barré syndrome, particularly in Brazil and the Caribbean. Zika was first identified in the mid 20th century...


Gender Identity and Expression Rights in New York

Leading up to the presidential election last November, gender-neutral bathroom access seemed to be a hot-button issue. However, misleading or controversial reporting on this issue did little to clarify obligations for employers and healthcare facilities alike. The information below sets forth...


Potential Repeal of ACA Mandates Reopens Concerns Regarding QHP Subsidized Enrollee Grace Periods

As the industry prepares itself for another round of healthcare reform, providers should carefully monitor the coverage of new and existing patients presenting with insurance policies obtained through State and Federal Exchange programs.


Mitigation of Medical Malpractice Risk Stemming from the Prescription of Psychotropic Medication

Physicians may be sued for medical negligence based on a lack of informed consent if they prescribe medication without providing the patient with sufficient information to make an informed decision about whether to use the drug. Informed consent discussions may be particularly important when...


Gender-specific Cardiac Risk May Impact Medical Malpractice Liability

Medical malpractice lawsuits may be brought against primary care physicians, emergency department physicians and cardiologists based on the failure to diagnose coronary artery disease (CAD), arrhythmia or other manifestations of heart disease. This risk may be diminished if there is an increased awareness and understanding by physicians and patients that men and women may demonstrate substantially different manifestations of heart disease.


Three Tools for Employers to Eliminate or Reduce Potential Liability

It is difficult enough to successfully manage a hospital or medical practice without the potential distraction and liabilities associated with employment-related litigation. Employers often find themselves on the defensive and pressured to settle employment lawsuits when considering the potential for inconvenience, bad publicity and litigation costs.


Maximizing Protection of the Patient and Minimizing Risk

Physicians who have had contact with those who commit suicide will have to answer to why the death was not prevented. High-quality documentation is the best way to avoid becoming a defendant.