Category: Medical Malpractice

New York jurisprudence is clear that liability insurers owe their insureds the duty of good faith and fair dealing to act in their insureds best interests in defending and settling claims. This duty arises as implied covenants of the contract between the insurer and insured and includes the duty of thorough investigation of all...

Recent appellate division decisions have made it abundantly clear that the medical malpractice doctrine of lost chance of a better outcome is an accepted basis for recovery of substantial damages. In cases involving delayed diagnosis or omission failures qualified expert testimony based on the evidence addressing each of the various departures as a proximate...

New York’s nursing homes and hospitals would be required to maintain adequate minimum staffing levels under a proposed state law gaining steam in the wake of a damning report linking understaffed facilities to high levels of coronavirus deaths. The push to pass the legislation has picked up since state Attorney General Letitia James released a...

A study by researchers at Johns Hopkins Medicine says medical errors should rank as the third leading cause of death in the United States — and highlights how shortcomings in tracking vital statistics may hinder research and keep the problem out of the public eye.

The authors, led by Johns Hopkins surgeon Dr. Martin Makary,...

ALBANY — Democratic state lawmakers are considering legislation this week that would partially rollback generous lawsuit liability protections for hospitals and nursing homes related to the coronavirus crisis, The Post has learned.

Legislative leaders in the state Senate and Assembly introduced a bill late Monday night that if passed, would remove immunity protections for healthcare...

The death toll inside New York’s nursing homes is perhaps one of the most tragic facets of the coronavirus pandemic: More than 6,400 residents have died in the state’s nursing homes and long-term care facilities, representing more than one-tenth of the reported deaths in such facilities across the country. Read More

Lt. Rudolph Feres parachuted into the darkness in the first hours of D-Day in 1944. He fought his way through the hedgerows of Normandy and the snows of the Bulge to the final defeat of Nazi Germany, and was highly decorated for valor.

Generations of servicemen and women since then have heard his name, but...

It’s no secret that medical malpractice costs the healthcare system billions of dollars every year—from insurance costs to paid claims to legal fees—not to mention the toll it takes on physicians and patients. Part of stopping malpractice is identifying why it happens and where it happens most often. A new study from medical liability...

Radiologists are involved in 15% of diagnosis-related medical malpractice claims, second only to those of general medicine health care providers, according to a new report.

Claims naming a radiologist — totaling 595 in 2013-2017 — often involve significant patient harm and most frequently allege an incorrect or delayed diagnosis of a patient’s condition, according to...

Medical errors have become an accepted if unfortunate part of medical care, but physicians may greatly underestimate how much they contribute to the problem.

"The average clinician is making a lot of mistakes that they are unaware of," says Dr Art Papier, a dermatologist and medical informatics specialist. How many doctors fall into this category?

All...