The Tarantino Law Firm, LLP
(716) 849-6500
Menu Contact

Buffalo, New York Legal Blog

New York widens window for missed diagnosis suits

Over the strong objections of doctors and hospitals, New York Governor Andrew Cuomo recently signed into law a measure that extends the statute of limitations for certain types of medical malpractice lawsuits.

Dubbed Lavern's Law, the bill gives patients two and a half years in which to file a malpractice claim after they learn of a missed diagnosis of cancer. The measure is named after a woman who died in 2013 after doctors did not detect that she had lung cancer.

Three new attorneys join The Tarantino Law Firm, LLP

The Tarantino Law Firm, LLP continues its pursuit to offer clients zealous advocacy both inside and outside the courtroom. Our most recent step to continue to meet this goal involves the addition of three attorneys to our team. We welcome Erica R. Gasiewicz, Justina L. Potenzo and Jacob A. Piorkowski to our expanding team of skilled attorneys. Each of these lawyers bring the education and experience necessary to offer outstanding representation and service to our clients.

New case confirms illegality of assisted suicide in New York

The New York Court of Appeals recently issued a decision in the Myers v. Schneiderman matter. 30 N.Y.3d 1 (2017).  The case involved a group of terminally ill patients and medical providers who brought an action in New York, challenging the interpretation of the law prohibiting assisted suicide. Specifically, the plaintiffs sought a declaration carving out an exception in the law for physicians, allowing the prescription of lethal doses of drugs to mentally competent terminally ill patients.

Despite their efforts to argue that a prohibition on physician assisted suicide interfered with a physician’s duty to provide aid and relieve pain, the Court determined the statute simply did not allow for the exception. 

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.

Office Location

1500 Rand Building
14 Lafayette Square
Buffalo, NY 14203

Phone: 716-849-6500


Contact Us Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to Top