Rich & Rich, P.C.

How Electronic Medical Records Affect a New York Malpractice Case

2026-09-22T19:36:19Z

Electronic medical records systems are designed to improve the accuracy and continuity of patient care at hospitals and other healthcare facilities. But EMRs can also allow errors that lead to patient harm. In a medical malpractice case, an EMR can provide evidence useful in determining whether a patient received the standard of care they were entitled to and whether a provider's failures caused injury. An electronic medical record is a digital version of a patient's chart, containing their medical history, diagnoses, treatments and test results. It streamlines clinical workflows and allows providers to track data over time to improve the overall quality of care within that practice. However, use of EMRs can introduce significant risks of errors, such as:

Copy-and-paste charting — When providers reuse old notes without updating them, critical changes in a patient’s condition may go unnoticed. This practice can lead to misdiagnosis, delayed treatment or medication errors.
Missed alerts — Hospital systems are programmed to flag potential drug interactions, abnormal test results and other clinical warnings that require attention. These alerts may be overridden, ignored or buried under a volume of notifications that providers have become desensitized to.
Medication-management failures — EMRs are designed to track prescriptions and flag potential conflicts, but providers might fail to verify patient-reported medications or update records after changes. These mistakes can lead to dangerous interactions or incorrect dosing.
Delayed review of test results — Although EMRs make results accessible, providers may fail to check them promptly, particularly in busy hospital environments where results are uploaded to a patient's chart but not promptly acted upon. This may lead to delayed diagnosis of conditions.

On the other hand, EMR systems can benefit a plaintiff in a medical malpractice case because they automatically generate audit trails that can serve as vital evidence. Every time a record is accessed, modified or reviewed, the system logs who made the change, when it was made and what the record looked like before and after. Audit trails can reveal breakdowns in communication, missed opportunities for intervention or failure to follow up on abnormal findings. As such, they often provide clear evidence of negligence that would be difficult to uncover with paper records. Patients in New York have the right to access their own medical records, including EMR audit trails. An experienced New York medical malpractice attorney can work with healthcare IT experts to analyze these records and build a compelling case for recovering financial compensation. The law firm of Rich & Rich, P.C. represents victims of medical malpractice throughout the Greater New York area and Long Island. We have offices in midtown Manhattan and Roslyn Heights. Call us at [nap_phone id="LOCAL-CT-NUMBER-2"] or contact us online to schedule your free consultation.

Informed Consent in New York Medical Malpractice Cases

2026-09-22T19:40:58Z

Just about everyone is familiar with signing a consent form before a medical procedure is performed. But a signature alone does not satisfy New York's legal standard for informed consent. Courts have consistently held that caregivers must engage in a meaningful conversation that allows the patient to make an educated decision about their care. When that conversation is rushed, incomplete or misleading, a medical malpractice claim may arise. Under NY Public Health Law §2805-d, a physician must clearly explain the nature of the proposed procedure, the reasonably foreseeable risks and benefits and the available alternatives, including the option of no treatment at all. New York courts evaluate malpractice claims based on lack of informed consent by asking whether a reasonably prudent patient, had they been properly informed, would have declined the procedure or chosen a different course of treatment. Common failures of informed consent forms that can give rise to liability include the following:

Incomplete risk disclosure — A physician lists only the most common risks and omits less frequent but serious complications that a patient would want to know about before consenting.
Rushed or cursory discussions — The consent conversation occurs moments before a procedure with no meaningful opportunity for the patient to ask questions or consider alternatives.
Generic or boilerplate language — The consent form uses broad, vague language that does not reflect the specific risks of the particular procedure being performed.
Failure to discuss alternatives — The physician does not explain that other treatment options exist, leaving the patient unaware that they had a choice.

Claims of lack of informed consent often arise in cases involving surgical procedures, obstetric care and cancer treatment. These areas often involve complex decisions and significant risks, making thorough communication essential. Providers must also tailor their explanations to the patient’s level of understanding, avoiding overly technical language, and confirm the patient’s comprehension. There is a distinction between a lack of informed consent and negligent performance of a procedure. A patient who was properly informed about the risks of a surgery but experienced a known complication may not have a viable informed consent claim. However, when a risk that was never disclosed materializes and causes harm, or when a patient would have chosen differently had they been properly advised, the failure to obtain meaningful consent can form the basis of a malpractice claim independent of how the procedure itself was performed. An experienced New York medical malpractice attorney can evaluate the circumstances of your situation and determine whether inadequate consent played a role in the harm you suffered. The law firm of Rich & Rich, P.C. represents victims of medical malpractice throughout the Greater New York area and Long Island. We have offices in midtown Manhattan and Roslyn Heights. Call us at [nap_phone id="LOCAL-CT-NUMBER-2"] or contact us online to schedule your free consultation.

Understanding liability in New York e-bike and bicycle accidents

2026-09-17T19:06:30Z

New York has seen a major rise in bicycle and e-bike use. With that growth has come a steady increase in crashes involving cars, pedestrians, cyclists and micromobility devices. When an e-bike rider or bicyclist sustains an injury, people often ask: who holds legal responsibility?

Cyclists’ legal rights in New York

Cyclists and e-bike riders have legal rights on New York roads. In many situations, they are entitled to use the same roadways as motor vehicles and must also follow the same traffic rules. That means motorists must share the road, yield when required and avoid reckless driving habits. Bike riders also have the right to bring a claim if someone else’s negligence caused their injuries, which could include:

Speeding
Opening a car door into a cyclist’s path
Making unsafe turns
Texting while driving

Even if a cyclist was partially at fault, recovery may still be possible under New York’s comparative negligence rules.

Driver negligence in e-bike and bicycle crashes

Many cycling accidents happen because a driver fails to see or respect a rider’s right to the road. One of the most common causes is failure to yield, especially at intersections and when making left turns. Drivers may also turn directly into a cyclist’s path or cut them off while merging, increasing the likelihood of crashes. Distracted driving is another major factor. Texting, eating or not paying attention for a few seconds can lead to devastating collisions.

Navigating insurance recovery after an accident

After a bike or e-bike accident, insurance recovery can be one of the hardest parts of the process. New York is a no-fault state, but traditional no-fault benefits rarely apply to bicycle crashes unless a motor vehicle is involved. If a car or other insured vehicle caused the incident, the injured cyclist can file a claim against it. Insurance companies often try to minimize payouts by arguing that the cyclist was not visible or somehow responsible for the crash. They may also dispute the severity of the injuries or delay payment. That is why gathering evidence is vital. Photos, police reports and medical records can all help support a claim.

How injured riders can seek compensation

When a rider sustains a crash injury, a personal injury claim is based on negligence. To succeed, the injured rider must show that another party had a duty to act safely, breached that duty and caused injuries. Compensation may include:

Medical bills
Lost income
Reduced earning capacity

In “serious injury” cases, future care and long-term disability may also be part of the claim. The process begins with an investigation and an insurance claim. Many cases settle before trial, but preparing the case as if it may go to court often strengthens the claim.

Taking the right steps after a cycling crash

New York cycling accident liability depends on several factors, but injured riders have important legal protection. If a driver acts negligently or recklessly, the law can hold that driver responsible for the harm they caused. Whether you ride a bicycle or an e-bike, knowing your legal rights can help protect your health and your finances after a serious crash.

What should parents do after delivery room oxygen deprivation?

2026-09-17T19:06:15Z

When your newborn suffers brain damage from a lack of oxygen during labor or delivery, the effects on your child and your family are serious and lasting. The days ahead are hard, and what to do next is not always clear. If this has happened to your child in New York, two steps deserve your attention: gathering the medical records from that day and learning your legal options.

Securing the medical records

Medical records show you what happened in the delivery room. You may want to request records from the delivery, including any imaging your child received. New York law generally gives parents access to their child's medical records through a written request, although some restrictions may apply. Once you receive them, keeping your own complete copy somewhere safe is worth the effort. Relying only on the hospital's copy is a risk. If a dispute arises over the records later, your copy gives you a reliable reference. Writing down what you remember from the delivery as soon as possible adds context that hospital files do not capture.

Exploring a birth injury claim

Brain damage from oxygen deprivation may point to medical negligence if a health care provider failed to meet the standard of care during labor or delivery. New York sets filing deadlines for medical malpractice claims, so timing may become important if you decide to pursue a claim. If you want to know whether negligence played a role, reviewing the circumstances of the delivery may help clarify what happened. Learning more about brain damage from oxygen deprivation may also help you understand what the diagnosis means for your child's care.

Taking the next steps

The information you gather now may help you piece together what happened during the delivery and keep important details from getting lost. Reviewing the records and what you remember from that day may also help you better understand your options and decide what steps make sense for your family.

What to do when signs of medical malpractice appear months later

2026-09-17T19:05:45Z

Medical treatment does not always go as planned. Sometimes, the signs of a problem do not appear right away. Recognizing these signs immediately and knowing what steps to take can help you protect your health.

Why medical harm can stay hidden

Some injuries from medical errors take time to surface. A misdiagnosis, a surgical mistake or a missed test result may not produce noticeable symptoms right away. By the time the harm becomes clear, serious damage may already be present. This delay often causes people to wonder if they still have legal options. Fortunately, New York law accounts for this in certain situations.

New York’s deadline for medical malpractice claims

In New York, most claimants must file within two years and six months. This period generally begins from the date of the malpractice or from the last date of continuous treatment with the same provider. There is one important exception. If a surgeon left a foreign object inside your body during a procedure, the law gives you one year from the date of discovery or two years and six months from the date of the procedure to file a claim. Missing these deadlines can mean losing your right to compensation entirely.

Steps to take as soon as warning signs appear

When delayed symptoms appear, acting quickly matters. Consider taking these steps:

Seek medical attention from a different provider: A new doctor can evaluate your condition and document your symptoms
Write down details you remember: Include dates, provider names and any concerns raised during your original treatment.
Request medical records immediately: Under New York Public Health Law, patients have the right to access their own records
Preserve all documentation: Keep everything related to both the original treatment and any follow-up care, as these records can serve as critical evidence
Avoid signing documents from the original provider: Providers sometimes present release forms or settlement agreements that quietly waive your right to file a claim

Do not overlook changes that may seem minor at first. Delayed symptoms do not necessarily mean that malpractice occurred. However, they can raise questions about whether the original treatment contributed to your condition.

Responding to delayed symptoms

Delayed symptoms that point to medical malpractice can be concerning. The best response is to take new or worsening symptoms seriously. Understanding your medical history and staying proactive about your health can help you get the answers and treatment you need.

Identifying signs of lingual nerve damage after dental surgery

2026-08-19T14:31:02Z

Waking up from a dental procedure often involves a predictable period of numbness. However, when that tingling sensation lingers for days or weeks, it can become a source of significant anxiety. You deserve to understand what is happening and how to protect your rights during your recovery.

Recognizing lingual nerve trauma

The lingual nerve provides sensation to the front two-thirds of your tongue and the floor of your mouth. When this nerve suffers an injury, the primary symptom is a persistent loss of feeling or a change in taste. Common signs of damage include the following:

Constant tingling or a "pins and needles" sensation in the tongue
A burning feeling that does not go away
Inability to distinguish between hot and cold temperatures
Difficulty eating or speaking

While many nerve injuries heal on their own within a few weeks or months, others are permanent and may require repair procedures and ongoing treatment options to manage pain.

Procedures linked to nerve injuries

Certain dental surgeries carry a higher risk of nerve contact due to the proximity of the lingual nerve to the surgical site. Various sources have found that third molar extractions are among the most frequent causes of these injuries. Other common procedures include:

Lower wisdom tooth extractions, especially for impacted teeth
Dental implant placements in the lower jaw
Administering local anesthetic injections
Root canal treatments on lower molars

Dentists must follow standard protocols to minimize these risks.

The lasting impact and legal recovery

Nerve damage often extends beyond physical discomfort, affecting how you interact with the world. You might find it difficult to speak clearly, which can lead to social withdrawal or emotional distress. If a dental professional failed to meet the accepted standard of care, you might be eligible for compensation. This legal process addresses medical bills, lost wages and the pain you endure. New York law generally requires you to file a dental malpractice claim within two years and six months of the incident (though there are exceptions). While these injuries are a known risk or complication of certain procedures, they could still be the result of negligent care if there was a failure to meet the standard of care. Talking to an attorney about the details of a procedure and your legal options can be crucial in understanding the resources that may be available.

Understaffing at a New York Nursing Home Led to Patient Neglect

2026-08-07T17:37:14Z

Recent action by New York State officials concerning a Syracuse nursing home has put a spotlight on the problem of understaffing in nursing homes. A report from the State Department of Health showed years of abuse, neglect and abysmal care at the Van Duyn Center for Rehabilitation & Nursing. In addition, the facility was fined $12 million after investigators found that money intended for resident care had been diverted by the owners, leaving the facility critically understaffed.

According to reports, the Department of Health investigation linked the inadequate staffing levels in the facility to unsafe conditions, preventable injuries, hospitalizations and a resident's death. In that case, the lack of staffing deprived the vulnerable resident of assistance she needed with her basic daily tasks, leading to an unobserved fall that turned fatal.

The Van Duyn investigation highlights how staffing decisions are not merely administrative choices but factors that directly affect resident safety and well-being. When facilities operate with too few caregivers, the residents’ basic needs are often delayed or outright ignored. Common risks associated with nursing home understaffing include:

Delayed assistance with toileting, bathing or mobility, increasing the risk of falls and infections
Missed or rushed meals, leading to dehydration and malnutrition
Inadequate monitoring of medical conditions, leading to infections or worsened health
Slower response times during emergencies when staff are overwhelmed
Medication errors or critical delays in the receipt of necessary medication

What’s more, the harm isn’t just limited to physical injuries alone. In understaffed facilities, residents may spend long periods alone, experience increased confusion or anxiety, or show signs of withdrawal.

Families of nursing home residents need to be alert to the warning signs that understaffing may be a problem. Potential red flags include:

Call lights are frequently going unanswered.
Residents are being left in soiled clothing or bedding.
A patient experiences unexplained weight loss or dehydration.
A patient has worsening bedsores or frequent falls.
The staff seems unavailable or unable to answer basic questions.

If a family member loved one has been injured in a nursing home and you suspect understaffing is a factor, a nursing home abuse and negligence attorney can help you assess whether the nursing home failed to meet proper standards of care and can explain available remedies. Early legal intervention is the best way to stop ongoing neglect and hold a facility accountable before more injuries occur.

The law firm of Rich & Rich, P.C. represents New York victims of nursing home neglect and abuse. We have offices in midtown Manhattan and Roslyn Heights, Long Island. Call us at [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online to schedule your free consultation.

How New York’s 2026 Tort Reforms Will Change Auto Injury Claims

2026-08-07T17:38:12Z

A recently enacted tort reform package has made significant changes to New York auto injury law. The new legislation, which took effect on May 27, introduce new standards for proving serious injuries and for recovering non-economic damages in an automobile accident case. The 2026 amendments raise the bar for injury claims and increase the burden on accident victims to establish both the severity of their injuries and the other driver’s degree of fault. The following are the most significant changes adopted:

Abolition of the “90/180 rule" — This longstanding rule allowed accident victims to recover non-economic damages (that is, compensation for pain, suffering and diminished quality of life) if they could show substantial disability for 90 out of the 180 days following the accident. This rule allowed for claims related to soft tissue injuries, whiplash and other harm with delayed onset symptoms. Under the new law, only victims with permanent or objectively documented serious injuries may claim non-economic damages. Subjective reports of pain are insufficient.
Requirement of “objective medical evidence” of injury — Claims will require documentation such as MRI or CT scans, EMG studies or detailed findings from orthopedic examinations. Prompt and thorough medical evaluation immediately after an accident and at every stage of recovery becomes more important than ever. Gaps in care, or reliance purely on physical therapy notes, may lead to denial of compensation.
Modified comparative negligence rule — New York had long followed a pure comparative negligence rule, which allowed an accident victim to recover partial non-economic damages despite the victim’s level of fault. Under the new modified comparative negligence rule, any victim judged to be more than 50 percent at fault for an accident cannot recover any non-economic damages. Insurers are expected to exploit every opportunity to push a claimant’s responsibility above the 50 percent bar, which could drastically limit payouts.

While economic damages such as medical expenses and lost wages are still recoverable, claimants should expect increased insurer scrutiny and demands for comprehensive, contemporaneous documentation. In addition, insurers are expected to adopt more aggressive tactics: disputing the severity and causes of injuries, pushing harder on assigned fault percentages and delaying or minimizing settlement offers.

Assistance from an experienced motor vehicle accident attorney has never been more critical. The Rich & Rich law firm stands out for our ability to marshal sophisticated medical evidence, aggressively counter insurer arguments on fault and maximize available damages in even the toughest cases.

Rich & Rich, P.C. represents auto accident victims throughout the New York metropolitan area, helping them get the compensation they deserve. We have offices in Midtown Manhattan and Roslyn Heights, Long Island. Call us at [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online to schedule a free consultation.

Types of Accidents Unique to Semi-trucks and What Causes Them

2026-06-04T16:26:08Z

Semi-trucks, also known as tractor-trailers or 18-wheelers, are large commercial vehicles used for transporting goods across long distances. Due to their massive size, heavy weight and limited maneuverability, semi-trucks can cause significant damage and bodily injury in collisions with other vehicles. Understanding the causes of semi-truck accidents can be helpful in protecting your safety on the roads and in pursuing financial compensation if you’re in an accident.

Here is a breakdown of common types of semi-truck accidents:

Head-on collisions — This type of accident occurs when a tractor -trailer crosses over into the lanes of oncoming traffic, striking another vehicle head on. The injuries from head-on semi-truck crashes are usually severe and may result in crippling injuries and death.
T-bone collisions — These occur when the front of a semi-truck collides with the side of another vehicle, or vice versa. Commonly happening at intersections, the impact of a semi-truck against a smaller vehicle can be particularly destructive, often resulting in severe injuries or fatalities due to the disparity in size and protective structure.
Jackknifes — This type of accident happens when the trailer of the semi-truck swings out and forms a sharp angle with the tractor, resembling a folding pocket knife. Jackknifing may be caused by sudden braking, slippery road conditions, or improper maneuvers by the truck driver. These accidents can affect multiple lanes and involve several vehicles, significantly increasing the likelihood of a multi-vehicle pile-up.
Rollovers — These accidents occur when a semi-truck flips onto its side. This can happen due to various reasons such as loss of control, excessive speed, taking turns too sharply, or carrying unbalanced loads. The danger of rollovers extends beyond the truck itself as it can block entire roadways and pose significant risks to nearby motorists.
Sideswipes — When a truck changes lanes without noticing a smaller vehicle in its blind spot or when a vehicle drifts from its lane, the two vehicles might brush against each other, causing either vehicle to lose control and perhaps leading to further damage.
Wide-turn accidents — Semi-trucks can create hazardous situations while making turns, particularly right turns where the trailer swings wide to the left. This can result in the trailer striking nearby vehicles or objects, especially in crowded urban settings.
Override and underride collisions — Override accidents occur when a semi-truck runs over a smaller vehicle ahead, often because the truck cannot stop quickly enough. Underride collisions happen when a smaller vehicle slides under the trailer of a semi-truck from the rear or side. Both types of collisions are extremely dangerous and frequently result in severe or fatal injuries.

To minimize the risk of collisions with semi-trucks, you should maintain a safe following distance and avoid sudden lane changes. Make sure your vehicle is not in the truck driver’s blind spots and try to anticipate the wide turns a truck can make. In the event of an accident, an experienced truck accident attorney can provide guidance on your right to compensation. Even if fault for an accident is shared, you still may be able to recover damages.

The law firm of Rich & Rich, P.C. represents victims of truck accidents through metropolitan New York area, helping them get the compensation they deserve. We have offices in Midtown Manhattan and Roslyn Heights, Long Island. Call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or contact us online to arrange a free consultation.

The Effect of a Pre-existing Condition on an Accident Injury Claim

2026-06-04T16:26:09Z

The term "pre-existing condition" applies to any medical issue that preceded the incident leading to the claim. A pre-existing condition may include a previous injury to the same body part injured in your accident. Either way, it can influence the legitimacy of a claim and the potential for compensation.

When a person files a claim for injuries sustained in an accident, insurance companies and defense lawyers often investigate the claimant's medical history. Their goal is to identify any pre-existing conditions that could be argued to have caused the symptoms attributed to the recent accident. This strategy is employed to limit their financial exposure by suggesting that the accident had little to no effect on the claimant's health. For instance, if someone with a history of back issues claims a back injury post-accident, the defense might contend that the current pain and suffering are merely continuations of the previous condition, rather than results of the accident.

The plaintiff’s attorney in a personal injury case must establish that the accident either directly caused new injuries or aggravated existing conditions. This involves the following strategies:

Medical evidence — Collecting detailed medical records from before and after the accident is essential. These documents can help illustrate how the claimant's health status has worsened due to the accident. Expert testimony from medical professionals can also clarify how specific injuries were exacerbated by the incident.
Distinguishing conditions — The injuries directly caused by the accident must be differentiated from ongoing symptoms of any pre-existing condition. This requires thorough medical evaluations aimed at pinpointing the exact effects of the accident on the individual’s health.
Legal arguments — Personal injury attorneys might invoke the "eggshell plaintiff" rule, which asserts that a defendant must accept the victim in their existing condition. If a pre-existing condition makes someone more prone to injury, the defendant is still liable for all injuries caused by their actions, regardless of the victim's vulnerability.

Despite how pre-existing conditions can complicate a claim, they do not automatically prevent a claimant from prevailing. With the aid of a qualified personal injury attorney, individuals can surmount these complexities and make a case for how the current accident impacts their baseline health, including by exacerbating their pre-accident medical issues.

The law firm of Rich & Rich, P.C. represents injured victims of accidents throughout the New York metropolitan area. We have offices in Midtown Manhattan and Roslyn Heights, Long Island. Call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or contact us online to schedule a free consultation