Practice Management

The Critical Role of Documentation in the Medical and Surgical Management of Children

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.

People in the News

New York Cancer & Blood Specialists (NYCBS) announced that their own CEO, Jeff Vacirca, MD, is the 2019 American Red Cross Greater New York Region’s Humanitarian Award recipient. Dr. Vacirca was honored on October 16 at the 2019 Heroes Among Us Gala at the Ziegfeld Ballroom in Manhattan,...

How Oncological Medical Malpractice Arises and Can Be Defended

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.

Sweeping Changes to New York State Discrimination Law

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.

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.

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.

Technology and Shifting Reimbursement Models in Health Care

Today’s hottest new wearable devices with fitness-based appeal now extend beyond the basics of step counting to actually measuring core health data that includes blood pressure, vision quality and body temperature. Tech-savvy providers are uniquely positioned to capitalize on this boom by applying it to overall health management and the shifting reimbursement models in today’s healthcare marketplace.

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.

Techniques to Obtain and Codify Informed Consent Discussions and Limit the Risk of Medical Malpractice Claims Based on a Lack of Informed Consent

The discussion between physician and patient prior to an invasive diagnostic procedure or surgery is a critically important aspect of care and treatment. This discussion is particularly important prior to an elective test or procedure to ensure the patient’s understanding of the reasonably...

Language Access and Malpractice Issues

As we approach an election with a focus on immigration, it reminds us that language barriers are often prevalent in areas of industry — including health care. From a legal standpoint, language access in the healthcare setting has been addressed at the federal, state and local levels. Emphasis is...