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.

Coping with an Inheritance

A windfall from a loved one can be both rewarding and complicated.

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.