standard of care

A New York doctor in charge of a midwife clinic in upstate New York must face charges that he withheld a hormone treatment, causing a baby to be born prematurely and suffer from a brain injury, according to a New York Court of Appeals. According to court documents, the doctor’s failure to administer a key…Read the article

Proof is critical in injury claims for two basic reasons. First, victims must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Second, there is usually a direct link between the amount of evidence victims present and the amount of damages jurors award. Generally, the evidence…Read the article

Medical malpractice is a serious issue, and one that can result in significant harm to patients. Every year, medical malpractice lawsuits are filed against doctors, hospitals, and other healthcare providers. A study done in 2016 showed that there are over 250,000 deaths due to medical malpractice every year.  If you or a loved one is…Read the article

Medical malpractice is more than a poor result or an unintentional mistake. Instead, medical negligence is a lack of care. Doctors have one of the highest duties of care in New York law. In the words of one legal scholar, their fiduciary duty requires them “to always put the well-being of their patients first and…Read the article

Although the proposal has been pending for several years, the fight over AB 863, which would allow patients to record surgical procedures, is just now heating up. Could this progressive proposal spread to other progressive states, like New York? South Korean lawmakers recently passed one of the world’s first laws allowing surveillance cameras in operating…Read the article

Largely depending on your perspective, nursing home data recently provided by the New York State Health Department either exonerates these facilities or condemns them. Coronavirus was “a perfect storm” for nursing homes, explained UMass Professor William Miller. “You have extremely vulnerable residents living in a congregate setting being served by people who come in from…Read the article

In most states, a guardian may seize total control of a person’s assets if that person is incapacitated. According to one observer, “incapacitate” is so vague that it could mean “anything from being in an absolute coma to not being able to find your car keys.” Essentially, there is a presumption that the guardian is…Read the article

The child’s heart stopped during a simple tooth extraction procedure. He had no pre-existing conditions and no known anesthesia allergies. According to police, a certified nurse anesthetist put the boy to sleep immediately prior to the procedure. Less than an hour later, the young man’s pulse slowed and cheek swelled. Despite some unspecified medical intervention,…Read the article

Former Long Island doctor Stuart Copperman thought he had avoided legal responsibility for multiple sexual assaults he committed between 1961 and 2000. Now, seventy-seven of his victims hope to have their day in court. Copperman, who now lives in Florida, has not practiced medicine since these allegations came to light in a 2000 disciplinary hearing.…Read the article

A local court sentenced 51-year-old Dr. Jeffrey Goldstein, of New Rochelle, to five-and-half years in prison. Goldstein had previously pleaded guilty to charges that he accepted kickbacks and bribes to prescribe Fentanyl to his patients. According to court documents, Insys paid Goldstein about $200,000 to stop prescribing a competitor’s product and start prescribing Insys’ Fentanyl.…Read the article