The Tarantino Law Firm, LLPBusiness Law Attorneys In Buffalo | The Tarantino Law Firm, LLP2026-08-24T06:58:11Zhttps://www.tarantinolaw.com/feed/atom/WordPressOn Behalf of The Tarantino Law Firm, LLP<![CDATA[Emergency room decisions: How courts evaluate mistakes]]>https://www.tarantinolaw.com/?p=490492026-08-13T06:59:27Z2026-08-24T06:58:11ZWhen 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 information.
Research into different medical malpractice claims related to ER visits offers a clear picture of how emergency care actually proceeds, and what tends to go wrong. One of the big takeaways is that malpractice claims require events to be evaluated in hindsight, but emergency room decisions are made under major time constraints and with a lot of unavoidable uncertainty.
The challenges of making a diagnosis in the ER
Emergency room doctors generally have to work with incomplete and rapidly evolving information. Patients often have symptoms that could be attributed to multiple conditions, some of which might be fairly minor – and others which can be life-threatening.Consider, for example, situations like:
Chest pain that could be attributed to esophageal spasms or a heart attack
A severe headache that could be a brain aneurysm or a migraine
Abdominal pain that could be the stomach flu or an ectopic pregnancy
Doctors have to quickly assess a patient’s risk, prioritize the testing they order and make rapid choices about treatment, referrals or discharge. Missed or delayed diagnoses are the root of many malpractice claims, but that doesn’t mean that the physician ignored a patient’s symptoms. In many cases, the correct diagnosis was not clear at that time.When viewed after the fact, once the true condition is known, these decisions can appear flawed. But courts are not supposed to judge them with perfect hindsight. The question is whether the physician acted reasonably based on what was known at that moment.
How courts evaluate these cases
When a malpractice claim arises, courts are not asking whether the outcome could have been better. They are asking whether the provider met the applicable standard of care, considering:
The urgency of the situation
The information available at the time
The need to make rapid decisions
The practices of similarly trained providers in comparable circumstances
Expert testimony can be essential to this process. Medical experts help explain what a reasonably competent emergency physician would have done under the same conditions. In many cases, the dispute becomes less about what happened and more about how those actions should be interpreted. An emergency room decision that might look questionable in the slow review of a medical malpractice claim might very well have been reasonable in the time it was made.Understanding how the courts evaluate emergency care can help providers recognize that not every poor outcome is considered malpractice. No physician wants their patient to have a bad outcome, but emergency medicine always has an element of risk. It is important to remember that the law doesn’t demand perfection, but just well-reasoned judgment. An experienced medical malpractice and professional license defense attorney can help clarify how these rules apply to your specific situation and what options may be available moving forward. ]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[When your physician becomes a social media influencer]]>https://www.tarantinolaw.com/?p=490632026-07-01T09:38:06Z2026-07-13T09:37:24ZLegal risks to consider
A physician's social media account may be personal, but its content can still affect your facility. Common areas of concern include:
Sharing stories or images that could reveal patient details
Recording videos in treatment areas or other private spaces
Posting opinions that readers may connect to your facility
Promoting products or services through sponsored posts
Creating content during work hours instead of performing job duties
Publishing posts that affect patient trust in your facility
These situations do not automatically create liability for your facility. However, they can raise questions about privacy, workplace rules, advertising and your reputation.
Managing social media concerns
Healthcare facilities have paid more attention to physician social media use in recent years. If one of your physicians develops a large online following, you may want to pay attention to:
Whether a physician's posts may be seen as speaking for the facility
The use of facility names, logos and property in online content
Expectations for photos and videos recorded at work
These issues matter because a physician's personal account can shape how people view your facility. In some cases, patients may view a physician's online content as reflecting the facility.
Looking ahead
Physicians can reach thousands of people with a single post. Online content can spread in minutes and reach people far beyond your area. Questions about social media use will likely grow as more physicians build large online followings.
A physician's online activity can create opportunities for your facility, but it can also create risks that reach beyond one person's account. For many healthcare facilities, social media now affects patient privacy, public trust and reputation.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[What Buffalo businesses need to know before acquiring another company]]>https://www.tarantinolaw.com/?p=490462026-05-01T02:13:42Z2026-05-14T02:12:31ZWhy employment obligations follow the business not just the seller
The structure of an acquisition affects which liabilities transfer to the buyer, but employment obligations often follow the business regardless of how the deal is structured. In a stock purchase, you step into the seller's position entirely, inheriting their employment contracts, their wage and hour history and any pending claims or investigations. In an asset purchase, you may have more flexibility to limit what you assume, but if you continue the same business operations with the same workforce, New York courts and regulators often treat you as a successor employer with corresponding obligations.
New York's WARN Act applies to employers with 50 or more employees and requires 90 days advance notice before a plant closing or mass layoff. A separate federal threshold applies to larger employers. If your acquisition involves restructuring or reducing the workforce, understanding your WARN Act obligations before the transaction closes prevents costly surprises afterward.
What employment due diligence should cover before you close
A thorough employment review before an acquisition gives you a clear picture of what you are taking on and where the significant risks lie. Here is what that review should address:
Existing employment agreements, including any non-compete, non-solicitation and confidentiality provisions that the seller's key employees have signed and whether those agreements are enforceable under New York law as currently drafted.
Worker classification practices, including whether the company has classified workers as independent contractors in ways that may not hold up under New York Department of Labor or IRS standards, which can create retroactive wage and benefit liability.
Any open or recently resolved wage and hour claims, Department of Labor investigations or employment discrimination complaints that the seller has not fully disclosed.
Collective bargaining agreements, if any, since the National Labor Relations Act may require the acquiring business to honor existing agreements with unionized workforces even after the transaction closes.
Each of these areas represents a potential liability that proper documentation review can identify, quantify and address through the deal terms before closing rather than through litigation after.
How documentation review creates cost certainty for buyers
The goal of employment due diligence is not to find reasons to walk away from a good acquisition. It is to understand exactly what you are buying so you can price the deal accurately, negotiate appropriate representations and warranties from the seller and structure indemnification provisions that protect your investment if undisclosed liabilities surface after closing.
An attorney familiar with New York employment law and business acquisitions in western New York can guide your due diligence process, identify the employment issues that carry the most risk for your specific transaction and make sure the documentation behind the deal gives you the cost certainty your investment requires.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[Tips for choosing the right business partner]]>https://www.tarantinolaw.com/?p=490442026-04-17T12:20:11Z2026-04-29T12:18:53ZAfter spousal and familial relationships, the relationship that you share with your business partner is likely primary. That’s why anyone contemplating entering into a partnership should strive to find the best candidate possible.
Below is some important information for anyone interested in taking on a partner for their venture.
Look for someone with complementary skill sets
This is common sense if you want a successful business partnership. If you excel at sales, pick somebody with a meticulous eye for detail and numbers (and vice versa). This can also help you both to stay in your lanes and avoid stepping on anybody’s toes.
Share common goals
Here is where you want to align closely with your partner. Having shared goals can better secure your success in the marketplace. Don’t be afraid to ask questions about a candidate’s view on issues that are important to your company.
Assess compatibility
The candidate who looks perfect on paper can still fall far short of the mark if they have personality quirks or other habits that set your teeth on edge. Be honest with yourself about how much you can tolerate.
Commit your agreement to writing
Whomever you choose as a partner in your business, make sure to draft and sign a partnership agreement that is legally binding here in New York. Doing so now can help both partners avoid pitfalls down the road if or when the partnership must be dissolved.Learning more about your rights and responsibilities under the law can help you reduce your company’s liability and avoid future problems.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[13 protected classes that every employer and employee must know]]>https://www.tarantinolaw.com/?p=490402026-04-03T12:07:57Z2026-04-13T12:06:24ZIn a fair workplace, your merit should be the only thing that matters. Your performance, skills and dedication should drive your career forward. In fact, New York's human rights laws protect this idea by creating 13 protected classes that shield you from employment discrimination. These protections make sure that your workplace opportunities depend on what you can do, not who you are.
13 protected characteristics you need to know at work
So what exactly are these protected classes? Think of them as the ground rules for workplace fairness in New York. Learning about these categories helps you spot your rights and responsibilities. Here are the 13 protected classes and what they cover:
Race and color: This protection shields you from discrimination based on how you look or your ancestry.
Religion: This class protects how you practice and observe your faith.
National origin: You cannot face bias based on where you came from, your culture or your accent.
Sex: This protection includes gender, pregnancy, sexual orientation and gender identity.
Age: This class specifically protects workers 40 and older from employers pushing them out.
Disability: This protection guarantees you reasonable accommodations for physical or mental impairments.
Genetic information: Employers cannot use your family medical history when they hire.
Citizenship status: This class prevents employers from passing over legal residents for jobs.
Veteran status: This protection ensures those who served do not face penalties for their military service.
Marital status: You cannot face bias for your relationship status, whether married, single or divorced.
Family or parental status: This class protects caregivers and parents from unfair treatment.
Political affiliation: This protection safeguards your personal beliefs in certain jobs.
Retaliation status: This class protects you if you have filed discrimination claims before.
These protections level the playing field for everyone at work. However, knowing what these classes are is just the start. Understanding why they matter makes these protections truly useful.
Why these protections benefit everyone at work
These rules help both employees and employers in important ways. For employees, knowing these classes gives you the power to stand up for yourself and your coworkers when things go wrong. At the same time, for employers, these protections work like a roadmap for building a healthy workplace. Ignoring them leads to expensive lawsuits and employees leaving. Thus, following them creates stronger, more productive teams.In the end, everyone wins when workplaces focus on merit rather than bias. This win-win situation makes these protections vital for Buffalo workplaces to thrive.
Building a fair workplace in Buffalo
Now that you understand these protections, you can start building better workplaces. Whether you work as an employee or employer in Buffalo, knowing these protections helps you create a respectful workplace where everyone can succeed. When you spot signs of discrimination, knowing your options and how to handle them makes a real difference. These protections keep workplaces fair and welcoming, where your skills and hard work truly matter most.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[Defending against “never event” claims in New York hospitals]]>https://www.tarantinolaw.com/?p=490392026-03-24T07:31:29Z2026-04-03T07:30:32ZDefining the "never event" in a legal context
Regulators often link a never event to a loss of payment. In court, however, these events create a difficult position for the defense. When a plaintiff claims a never event occurred, they often try to use the rule of res ipsa loquitur — "the thing speaks for itself."
In New York, this rule lets a jury assume negligence caused the injury. To counter this, the attorney must look past the shock of the error and examine these points:
Standard of care: The attorney must determine if the hospital met technical needs through active safety checks.
Procedural manifestation: The defense examines where exactly the error happened despite clinical safeguards.
Focusing on these details helps the attorney move the jury's attention from the result to the actual process.
Systemic failure vs. individual negligence
A part of this shift involves seeing the difference between a doctor's mistake and a broad system failure. In many preventable errors, the doctor may have used the right skills while the hospital’s chaotic system combined with a series of failed safety layers, allowed the error to slip through.
Defending these cases requires a review of "time-out" policies and surgical counts. The defense must determine if the support team gave the provider the right facts at the right time.
The power of proactive documentation
A paper trail showing the medical team followed proper protocols is a strong defense against a never event claim. Records that show a surgical team used pre-op checklists and post-op counts serve as proof to fight a claim of neglect. When a provider shows they follow safety steps, the attorney can frame the event as a tragic, isolated accident rather than neglect of patient safety.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[Can families install granny cams in New York nursing homes?]]>https://www.tarantinolaw.com/?p=490232026-03-26T08:15:53Z2026-03-23T12:40:23ZAre private cameras in nursing homes legal?
New York does not have a specific law that gives families an automatic right to install private cameras in nursing home rooms. Since there is no "blanket permission" from the state, facilities are generally free to set and enforce their own internal policies against secret devices.
What are the potential legal issues of using unauthorized cameras?
Recording in a shared room captures the private lives of other residents without their consent. Most residency agreements also include clear prohibitions against installing unapproved electronic devices.
Families who ignore these rules may find their footage challenged or thrown out of court. This can put your facility in a much stronger position when defending against claims of neglect.
Do audio recording and consent laws apply?
New York follows a "one-party consent" rule for recording conversations. This rule, however, rarely applies in a nursing home setting.
Suppose a camera records two of your staff members talking while a resident is asleep. Generally, no one in that conversation has consented to being recorded.
This situation typically makes the audio recording illegal under state eavesdropping laws. Courts frequently throw out video or audio evidence that people secure through illegal surveillance.
What are the risks to the facility?
Unauthorized cameras often capture sensitive health information protected by HIPAA. Your facility could face heavy fines and lawsuits if a recording of another resident leaks.
Your employees may feel harassed or intimidated when they discover someone is “spying” on them. That effect on staff morale can lead to resignations or legal claims against your facility.
There is also the risk of evidence taken out of context. A poorly placed camera might capture a snippet of care while missing the full picture. One hidden device can trigger a chain reaction of regulatory audits and long-term disputes.
What proactive steps to take in cases of alleged neglect or abuse?
It is a good practice to regularly check your admission agreements to ensure your policy on electronic monitoring is clear. Having transparent rules helps prevent families from resorting to secret surveillance. It also gives your facility a solid standard to point to if a dispute arises.
If your facility finds an unauthorized camera, refrain from rushing to remove it immediately. Tampering with the device can actually hurt your legal standing later.
Consider documenting the discovery carefully. You will need to note the location, time and any identifying features of the device. Professional support is also essential to review your policies and defend your facility against claims involving recorded evidence.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[Severance Agreements: Essential Terms Employees and Employers Should Review]]>https://www.tarantinolaw.com/?p=490242026-03-07T19:24:06Z2026-03-18T07:27:29ZWhat does the severance package include?
Severance pay is often provided in a lump‑sum amount. It may include a portion of the worker’s salary and the continuation of certain employment benefits for a set amount of time after termination. Importantly, severance packages typically come with a release of claims, meaning the employee agrees not to pursue legal claims against the employer related to their employment or separation.
These agreements also often contain restrictive covenants—such as non‑compete, non‑solicitation, or confidentiality obligations—or other provisions that regulate employee and employer conduct after employment ends. Understanding both the financial and non‑financial components of a severance package is essential.
Does the package change over time?
Severance pay is often part of an incentive package designed to motivate high-performing workers to maintain strong performance and remain with the company. Some agreements include provisions that increase the severance amount after the employee meets certain milestones, such as a minimum tenure with the organization. Identifying how severance may grow or change over time helps both parties understand the long‑term value of the arrangement.
Can the company withhold severance?
Many severance agreements include terms allowing the company to reduce or eliminate severance in certain circumstances. Often, this applies when an employee is terminated for cause, such as for significant misconduct or chronic performance issues. Understanding these conditions upfront can prevent disputes if a termination eventually occurs.
Clarifying these details during the initial negotiation stage can reduce the likelihood of conflict—and possibly litigation—after an employee’s termination. Both workers and businesses may need legal guidance when negotiating severance agreements, and that’s perfectly normal.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[When do employees have to give two weeks’ notice?]]>https://www.tarantinolaw.com/?p=490202026-02-20T10:00:26Z2026-03-02T09:59:22ZIn many professional work environments, there is an expectation from both employees and employers that someone who quits their job will give two weeks’ notice. When many employees accept a new job offer at another business, they will say that they cannot start for two weeks because they have to finish out their term at their former place of employment.
But is two weeks’ notice actually required? Or is it just a professional courtesy and a matter of standard business etiquette?
At-will employees and contractual employees
It depends on the type of employment. For many at-will employees, who do not have any type of employment contract in place, there is no obligation to give two weeks’ notice. There is no such requirement under the law, and any employee technically has the ability to quit at any time. Employers, likewise, are allowed to fire employees or terminate their positions at any time.This changes for contractual employees, who may have agreed to stipulations that go beyond standard employment and labor laws. If an employee signs a contract stating that they must give two weeks or a month of notice, then the employee does still need to uphold their side of that agreement. If they immediately quit in violation of their contract, it may lead to litigation, especially if an employer believes that the sudden departure has financially harmed the business.Employment disputes happen for many reasons, and the above is just one example. For both employers and employees who find themselves facing such a dispute, it is important to know what legal options there are to seek a resolution.]]>On Behalf of The Tarantino Law Firm, LLP<![CDATA[How business litigation can help with unpaid debts]]>https://www.tarantinolaw.com/?p=490072026-02-06T07:49:42Z2026-02-18T07:49:04ZWhat is receivership?
In scenarios where creditors and other concerned parties can show that improper business management and questionable financial conduct have resulted in a company's insolvency, the courts may agree to intervene. The civil courts can initiate a receivership to help address the financial challenges reported at a distressed organization that cannot fulfill its financial obligations.
Receivership is the legal process through which a court-appointed outside party assumes control over business management. During receivership, the court-appointed receiver reviews financial records, adjusts business practices and seeks to help the company become solvent again.
By liquidating assets, streamlining company operations and working outside of the influence of entrenched leadership, receivers can help address a company’s financial woes. A court-ordered receivership is sometimes the only way for creditors to secure payment for the debts owed by an organization.
Reviewing – with the assistance of a skilled legal professional – an original financial obligation and communications with a business debtor can help creditors effectively evaluate their options. Initiating business litigation to request a receivership is sometimes a viable solution for unpaid business debt.]]>