When a patient brings an informed consent claim, you may look first at the signed consent form in the medical record. A signature could support your account that the patient agreed to treatment. Still, the claim often turns on a broader issue: What information did you...
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Medical Malpractice Defense
The best medicine isn’t defensive
No doctor wants to spend their career with one eye over the shoulder at all times due to the fear of a lawsuit. Yet, the threat of a medical malpractice claim can influence the way many providers approach clinical decision-making. That can turn into “defensive”...
How copy-forward features in electronic health records can create legal risks
Electronic health records (EHRs) have made documenting patient care faster and more efficient. Templates, smart phrases and copy-forward functionality make it easier for healthcare providers to avoid reentering the same basic information over and over again, at every...
5 common charting mistakes that create liability for nurses
In nursing, the rule is, “if it isn’t documented, it didn’t happen.” While that phrase may sound harsh, it’s a reality that can affect many medical malpractice claims. Memories can fade, witnesses leave for other positions and patients transfer to different...
3 steps for Buffalo physicians facing a notice of claim
Receiving a notice of claim can be stressful for any physician. It is natural to worry about how the allegation could affect your career and future. Acting quickly is essential when you receive a notice of claim or a notice of intent to file a medical malpractice...
Emergency room decisions: How courts evaluate mistakes
When patients come into an emergency room, many present with a significant amount of distress but unclear symptoms. Mistakes, when they happen, are often the result of a complex, high-pressure situation where medical providers have to make fast decisions with limited...
Defending against “never event” claims in New York hospitals
In New York healthcare, the Centers for Medicare & Medicaid Services (CMS) classifies specific medical errors as "never events." These mistakes, such as surgery on the wrong body part or leaving an internal object inside a patient, should not occur if teams follow...
When a birth injury develops before labor starts
New parents have a challenging adjustment ahead. In cases where a child has a significant birth injury, such as cerebral palsy, the adjustment process can become infinitely more challenging for a family. Parents worried about career setbacks, medical costs and other...
Medical malpractice vs. bad outcome: where the legal line is drawn
Medicine is a complex science, and even the best care does not guarantee perfect results. Healthcare providers carry the responsibility of applying their training, judgment and compassion at every stage of patient care, while navigating uncertainty and risk. When an...
Can malpractice be defended without a New York court trial?
Facing a medical malpractice claim in New York can be a challenge. Many people assume that every case ends with a dramatic courtroom showdown. In reality, there are several ways to resolve these disputes without ever going to trial. Understanding these choices may...
