Medical Malpractice Defense

New Department of Labor Guidance on Retaliation under the FLSA and FMLA
October 20, 2022 | Daniel E. Furshpan | General Liability | Medical Malpractice Defense

On March 10, 2022, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released new guidance intended for employers. The guidance gives specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs. The guidance contains several hypothetical

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Zurich ‘War Exclusion’ Lawsuit Remains in Limbo as Judge Rules in Similar Case
January 28, 2022 | Alan S. Rutkin | Insurance Coverage | Medical Malpractice Defense

A possible precedent-setting $100 million lawsuit over Zurich American’s use of the rarely applied war exclusion to deny coverage remains in legal limbo, court documents show — even as a judge ruled in early January against an insurer in a similar case.

Attorneys for Mondelez and Zurich American, which was sued over its denying the

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Bushwack and Richman Published in Mealey’s Personal Injury Report
May 27, 2020 | Complex Torts & Product Liability | Medical Malpractice Defense

Jacqueline Bushwack and David Richman authored an article in Mealey’s Personal Injury Report, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims.”

Click here to read the article.

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Legal Protections for Healthcare Workers during the COVID-19 Pandemic
March 31, 2020 | Benjamin P. Malerba | Health Services | Medical Malpractice Defense

At a time when medical professionals are overwhelmed by the COVID-19 crisis, Governor Cuomo issued an executive order expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus patients, and most significantly, provide health care providers with protection, in most instances, from lawsuits for medical malpractice and other potential liability.

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New York Extends Time to File Malpractice Claim
February 21, 2018 | Ada Janocinska | Health Services | Medical Malpractice Defense

Governor Andrew Cuomo has signed a new law, known as “Lavern’s Law,” that extends the amount of time a patient has to file a medical malpractice claim for a missed cancer or malignant tumor diagnosis. Patients now have 2 1/2 years to file a claim from the date the misdiagnosis is discovered by the patient,

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Richman quoted in Healthcare Risk Management
April 4, 2017 | Medical Malpractice Defense

David Richman commented on the future of obstetrical malpractice claims related to the Zika virus. Specifically, he noted:

“We may see cases coming out of patients with Zika, most likely related to the diagnosis and what advice is given to the parents in regards to potential termination of the pregnancy. There are a lot of

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Richman Authors Chapter in NYSBA Book
April 3, 2017 | Complex Torts & Product Liability | Medical Malpractice Defense

David Richman’s paper, “Motions in Limine and Opening Statements,” was published in the New York State Bar Association’s book entitled, “Preparing For and Trying the Civil Lawsuit,” which, according to the foreword, was created to “inform both the aspiring trial attorney and the seasoned practitioner of the ‘how to’ of litigation practice.”

David’s chapter discusses

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