Medication records often shape a nursing home neglect defense. In Albany, providers and long-term care operators face close review from regulators, surveyors and plaintiff lawyers. Clear charting helps leadership show that staff followed orders, monitored residents...
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Why the record of informed consent matters in healthcare
The record of informed consent is often your primary defense when a patient claims you failed to warn them of potential risks and alternative treatments. However, that defense only works if your documentation is complete and precise. The case of Williams v. Levine In...
How physicians should prepare for a malpractice deposition
A medical malpractice deposition is one of the most stressful events a doctor can face. For physicians in New York, knowing this legal process well and approaching it with a clear plan can help shape the outcome of their case. Understand what a deposition involves A...
How New York nursing homes should document treatment refusal
A resident’s refusal of medication or treatment can put your nursing home in a difficult position. You need to respect the resident’s choices while keeping a clear record of what staff explained, observed and did afterward. If the resident’s condition later worsens,...
The importance of a duty of care in medical malpractice cases
When someone sues a medical care provider for malpractice, it is critical that they can establish a duty of care. Not all medical workers in a facility are going to have a duty of care to that patient. Only by establishing this relationship can the patient actually...
How informed consent records protect New York physicians
When a patient experiences a complication they were never warned about, they may have grounds for a malpractice claim, even if you performed the procedure correctly and without error. This is one of the more frustrating situations you can face as a physician, because...
Defending delayed diagnosis claims in long-term care settings
Facilities that provide long-term care encounter unique challenges when someone alleges that a diagnosis should have occurred sooner. If the facility cannot defend against the claim, it may face investigation, professional discipline and financial damages. A defense...
Not all nursing home falls are preventable
Fall risk is one of the top reasons that families move older adults into nursing homes. They worry about someone getting hurt when there is no one to provide them with physical assistance for dressing, bathing or moving around the house. The employees staffing a...
Can data from wearables create malpractice risks?
Wearable devices and home monitoring tools now play a larger role in healthcare. Patients can track heart rhythms, blood pressure, glucose levels and other health information from home. They can also send this information through patient portals and remote monitoring...
Managing patient requests that conflict with care standards
Healthcare professionals are seeing more patients who arrive with information from social media, online forums and health influencers. Many patients feel strongly about what treatment they want and may believe they know what is best for their body. While patient input...

