As the owner or management team of a nursing home, little is worse than discovering someone has accused your facility of neglecting or abusing those in your care -- especially when you are sure it is untrue. Staying calm is crucial, as acting in haste could lead to...
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How documentation can help protect nursing homes in litigation
There's a saying in the health care industry: "If you didn't document it, you didn't do it." It means that even if you provide the care, there's no proof without documentation. In a highly regulated environment like long-term care, documentation often becomes one of...
Poor outcomes do not always indicate medical malpractice
When providing medical care, doctors, nurses, surgeons and other medical professionals always strive for a positive outcome for the patient. But that does not mean it is always possible. Many procedures are not guaranteed to have good results, and there are inherent...
Are AI charting tools creating new malpractice risks?
If your organization is exploring charting tools with artificial intelligence (AI), you are not alone. Healthcare providers across New York may be evaluating this technology to reduce paperwork, ease staffing pressure and give clinicians more time with patients. The...
How operative notes protect you in malpractice cases
You just stepped out of a difficult procedure. While your focus is on patient recovery, your legal work has just begun. In a New York courtroom, what you did in that operating room only exists in the eyes of the law if you recorded it. For surgeons and healthcare...
How to respond when your malpractice insurer wants to settle
Facing a malpractice claim is stressful enough. When your insurance carrier recommends settling a case you believe you handled properly, the frustration can feel overwhelming. Insurers often push for settlement because it costs less than going to trial. But for the...
New York resident elopement liability: A safety guide
In New York, resident elopement liability usually depends on two things: if the facility could have predicted the event if they met the required standard of care When a resident wanders, staff must launch a clinical and administrative response. This proves the...
Responding to resident complaints without increasing liability
A resident complaint often starts as a simple service concern. However, it can become a liability issue if the facility’s response seems inconsistent, slow or dismissive. In Albany long-term care settings, regulators regularly track grievances following New York law....
5 most common reasons for resident complaints in nursing homes
If you’re a nursing home entity or nursing care provider, signs of nursing home abuse or neglect may often go unnoticed unless you have been paying attention to the usual complaints of the patients. Over time, if you overlook recurring complaints without taking...
Can you be sued for malpractice despite providing proper care?
The short answer is yes. Any patient can file a medical malpractice claim against you, even when your care is entirely appropriate. However, filing a lawsuit and winning one are two distinct outcomes. Proving that malpractice occurred A malpractice lawsuit requires...

