Risk 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.


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.


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.


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...


Baby, It’s Cold Outside — Layer Up (Your Network)

Your IT team installed that Enterprise version of a leading antivirus product that the CFO eventually approved. You feel safe and protected. News flash: many antivirus products available on the market will not protect your network against today’s phishing, ransomware and other malicious software (malware). But wait: don’t uninstall that antivirus just yet! Let’s review a common approach to Layered Security used by businesses of all sizes and industries.


The ‘Professional Judgment’ Rule: The Line between Medical Judgment and Deviation from Good Medical Practice

The “professional judgment” rule shields medical providers from the imposition of liability merely because a treatment that a doctor elected to pursue proved ineffective.


Off-label Use of Newer Anticoagulants — What Should a Patient Be Told?

In recent years, new anticoagulants such as Pradaxa (dabigatran), Xarelto (rivaroxaban) and Eliquis (apixaban) have been approved by the FDA. They have benefits over older drugs such as Coumadin (warfarin), as they do not require frequent blood monitoring. Apart from their FDA-approved uses, these drugs are being used “off-label” to address conditions for which they have not been formally tested.