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Physicians, use of technology and medical license investigations

Medical records are an important part of a patient's care. Proper documentation throughout the course of treatment is essential. Various regulations are in place to help better ensure that medical records are in order.

What are the rules when it comes to record keeping?

Accused of medical malpractice? Avoid these common errors.

An accusation of medical malpractice can have a damaging impact on one's career. However, as noted in an earlier post, defenses are available that can help those who face these accusations.

In addition to building a strong defense, it is also important to know some of the common issues that arise when fighting these claims. Three of the more common examples include:

  • Failure to report
  • Record issues
  • Lack of cooperation

FAQs about investigations by New York's Medical Conduct Program

An investigation by the New York State Department's Office of Professional Medical Conduct (OPMC) and state Board for Professional Medical Conduct can result in serious ramifications. The investigation can negatively impact a professional's reputation and put his or her career at risk.

Those who find themselves the subject of such an investigation likely have a number of questions, including:

The new NY Paid Family Leave Benefits Law (“NYPFL”)

Besides raising the minimum wage to $15 an hour, the Paid Leave Benefits Law (“NYPFL”) becomes effective January 1, 2018, and is also changing.

We discussed the overall changes in our December blog. But as the official starting date of January 1 approaches it is important to know the details. 

How a trademark can help a small business

Starting or growing a small business here in New York is both exciting and complicated. There are many legal steps that generally provide for best results, one of them being creating a brand or trademark to associate with the business.

Establishing and protecting a trademark for an entrepreneur's business is a proactive and appropriately optimistic step to take that one does not want to forego. There are formal and informal ways to accomplish the establishment and protection of a trademark.

4 examples of defenses to medical malpractice claims in NY

A false accusation of medical malpractice can be devastating to a medical professional's practice. Defenses are available for those who face these accusations.

Four common examples include:

  • Within accepted standard of care. Generally, medical malpractice claims fall within the purview of negligence. Within the legal theory of negligence, an alleged victim of medical malpractice must establish that the accused failed to meet the accepted standard of care. A patient that cannot establish this point will not have a viable claim. As such, the physician could build a defense to show that his or her actions were well within the accepted standard of care.

Medical error not the cause of most CP cases

Doctors, nurses and other health care professionals in New York know that pregnancy, labor and delivery can be exciting times and experiences for parents yet there are always some risks associated with them. Sadly, medical errors are often pointed to as the causes of problems. The development of cerebral palsy in a baby or child is an example of a condition that health care providers may be accused of causing incorrectly.

As explained by the Mayo Clinic, a lack of oxygen to a baby's brain during pregnancy, labor or delivery may contribute to brain damage. However, the number of cases of cerebral palsy actually caused by this is far fewer than once believed. In fact, it is a small minority of all cases of CP.

Do I really need to make a business plan?

One survey found that putting together a business plan nearly doubles the odds that a company will be successful or secure investment capital.

Launching a new business in New York involves countless steps. Aside from having a good idea, entrepreneurs are facing financial decisions, logistics, management matters and, of course, the actual work.

New York enacts strong family leave act

New York businesses have long had to track and stay on top of various employment laws covering topics such as discrimination and other civil rights protections. Employees always want to know what type of time off from work they are allowed either in the form of vacation days, sick days, paid holidays and more.

Guardianships Under Article 81 for the Person, Property, or Both

In New York State, Article 81 of the Mental Hygiene Law is designed to protect those individuals in our society who can no longer care for themselves. Under Article 81, the court can appoint a family member or anyone they see fit to care for another individual who has been found by the Court to be incapacitated, (also referred to as "alleged incapacitated person" or "AIP").

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