Meagher & Meagher, P.C.

What medical records can help prove medical malpractice?

2026-10-02T12:59:59Z

When medical care leaves you with an unexpected injury, you may wonder what happened and whether someone could have prevented it. You may remember what your doctor told you, but proving what happened often requires more than your recollection. Your medical records can document the care you received and help an attorney assess whether a mistake contributed to your injury. Here are the records that can provide important information about your care.

Medical history and examination notes

Your medical documents can show what your provider knew about your condition and how they evaluated you. These records may include:

Symptoms and complaints you reported
Relevant medical history
Physical examination findings
Diagnoses and treatment decisions
Changes in your condition

These can also help show whether your provider recognized important symptoms and responded appropriately based on your condition.

Diagnostic tests and imaging results

Test and imaging records can show whether your provider recognized and responded to important findings. These may include:

Blood and laboratory test results
X-rays, CT scans and MRIs
Pathology or biopsy results
Diagnostic reports and interpretations
Follow-up testing

For example, an abnormal result followed by no appropriate follow-up could raise questions about whether your condition received timely attention.

Treatment and medication records

Your treatment plan can contain crucial information about the care you received and changes made after. Look for:

Medications and dosages
Medication changes
Procedures performed
Operative or procedure reports
Your response to treatment

If you later received a second opinion, comparing the records from both providers could show how their approaches differed. This may be especially useful if the alternative plan produced a better result or addressed an issue that the original care did not.

Hospital and discharge records

Hospital and discharge records can show what happened during your stay and what instructions you received afterward. These records may include:

Nursing notes
Admission and discharge information
Follow-up recommendations
Referrals

New York law also gives patients a right to access their health records. Under Public Health Law Section 18, you can make a written request to inspect your records and request copies, subject to certain exceptions.

Gather the records that matter

Your records can provide important evidence about the care you received, but they do not automatically establish malpractice. A medical malpractice action generally must begin within two years and six months of the alleged act, omission or failure, so seeking legal guidance as soon as possible is important. If you believe a medical error caused your injury, gathering the relevant records and having an attorney review them can help you understand whether the care you received supports a potential claim.

Was that car accident really minor? Beware the risk of a TBI

2026-09-03T05:58:42Z

Even a minor crash on New York roads can be stressful. When a negligent driver causes a rear-end collision or a side-swipe accident, it might leave you angry, and more worried about the damage to your vehicle and your insurance premium than any injuries. After all, it was just a little jolt, and you did not even see stars. However, even if there is no outward sign of injury, that does not mean you are in the clear.

The danger? A TBI is still a risk in a “minor” crash

Many people might think a traumatic brain injury (TBI) is only a risk in the event of a severe accident, such as a crash at high speeds or a T-bone accident. That is not true. If someone’s body is shaken or jostled with enough force, there is a risk of the brain also being jostled and colliding with the skull, leading to a traumatic brain injury. Think about the risk athletes face. They are on a playing field, yet a collision between players puts them at risk of a TBI, even if they are wearing a helmet. So, a collision between vehicles weighing thousands of pounds might appear “minor,” but it could still easily involve enough force to cause a TBI.

And even a “minor” TBI can be serious

Concussions may be a common injury, but you should not overlook any type of head injury. A concussion can still have significant impacts on your life, leaving you facing:

Persistent headaches and nausea
Feelings of depression or anxiety
Drowsiness or difficulty sleeping
Trouble speaking and thinking

Full recovery can take months, and it is rarely linear. You might not be able to work. It is possible you may not be able to look at the screens of your TV or even your phone while you heal. You may have to withdraw from doing the things you love, just so you can feel like yourself again.

Immediate medical care makes a major difference

After a car accident, whether it seems minor or major, you should not delay in seeking a medical evaluation. You may not notice or feel symptoms of a TBI right away, making it even more important to obtain care and catch a concussion or a more severe TBI early on. This evaluation also establishes a clear record of injuries caused by the accident, getting you started on the road to physical and financial recovery.

Could a low Apgar score point to a delivery problem?

2026-08-05T19:13:23Z

The moments following a birth are full of emotion, energy and activity. At this time, parents may hear medical teams quickly announce a set of numbers known as the Apgar score. This assessment, performed at one and five minutes after delivery, helps doctors determine if a newborn requires immediate medical care or specialized help.

How doctors calculate your newborn's score

The Apgar score provides a snapshot of a baby’s physical condition. Medical staff evaluate five specific categories, assigning a score of zero, one or two for each of the following areas:

Appearance: Checking for healthy skin color
Pulse: Measuring the baby's heart rate
Grimace: Observing reflex responses to stimulation
Activity: Assessing muscle tone and movement
Respiration: Evaluating breathing effort and crying

A total score of seven or higher generally indicates a healthy transitions. Scores between four and six may require oxygen or suctioning, while scores below three necessitate emergency life-saving measures.

When low scores signal potential medical errors

A low Apgar score can be frightening for new parents, but it can happen for a wide range of reasons. Often, further medical intervention and monitoring is effective in improving a baby's condition. However, in some medical malpractice claims, these numbers can serve as a symptom that something may have gone wrong during labor or delivery. Attorneys review these scores alongside other medical records to understand if a healthcare provider failed to meet the standard of care. Legal teams often analyze the following factors to build a complete picture of the birth:

Fetal monitoring strips that showed signs of distress
Delays in ordering a necessary C-section
Failure to properly help a baby breathe after birth
Errors in giving medication to the mother
Failure to recognize a tangled umbilical cord

Persistently low scores at the five or 10-minute mark can indicate prolonged oxygen deprivation. When combined with documented birth complications, these scores help establish whether the harm was preventable. In New York, medical malpractice and birth injury cases typically rely on medical experts to explain whether care fell below accepted standards and caused injury. Understanding these scores allows you to better navigate your child’s medical history. While a single number does not define a child's future, it offers a vital starting point for parents seeking clarity about the circumstances of their baby's birth. Having this knowledge ensures you can ask the right questions and seek the answers you deserve.

When a routine operation takes an unexpected turn: 5 causes of surgical error

2026-07-10T19:12:04Z

A patient goes into surgery expecting relief and wakes up with a new problem. Sometimes it is a lingering infection, unexpected pain or a second procedure that no one anticipated. Even with the advances of modern medicine, surgical errors still occur. These errors rarely stem from a single mistake. More often, they arise from a chain of small breakdowns in communication, planning or process. Mistakes that often contribute to surgical errors can include:

Communication failures during handoffs, timeouts or shift changes
Inadequate preoperative assessment, including missed allergies or incomplete imaging review
Wrong site, wrong procedure or wrong patient events tied to identification lapses
Retained surgical items such as sponges or instruments due to counting errors
Equipment malfunction or improper device use, especially with newer technology

Part of the frustration with these errors is that they are often preventable with standardized checklists.

The cost of additional treatment and recovery

When an error occurs, the medical and financial impact typically extends far beyond the original procedure. Additional treatment can include emergency revision surgery, extended hospitalization, specialist consultations, diagnostic imaging and long term rehabilitation. Patients may also face indirect costs such as lost wages, travel for follow up care and the need for home assistance. Even when insurance covers a portion of these expenses, deductibles, copays and time away from work can create substantial out of pocket burdens – and the patient is often left to cover the cost. Surgical errors are complex events with human, procedural and systemic roots, but that complexity does not lessen the impact on your health, your finances, or your peace of mind. If you believe a surgical mistake caused your injury, you deserve straightforward answers. Ask your care team to explain what went wrong, what corrective treatment you may need, and what your recovery should realistically look like. If you feel uncertain, seek a second opinion. Surgical complications can occur without negligence, but preventable errors often leave patterns in the documentation and the process. Understanding the difference can help you make informed decisions about your medical care and your next steps. Most importantly, you do not have to navigate this alone. With the right support and information, you can pursue appropriate treatment, plan for the costs ahead, and hold responsible parties accountable when an avoidable error changes your life.

Who is liable when a dog attacks a child in New York?

2026-06-09T02:17:30Z

When a dog attacks a child, parents face medical bills, emotional fallout and unanswered questions about who is responsible. New York law provides specific answers, but the rules are layered.

Strict liability and medical costs

Under New York Agriculture and Markets Law § 123, a dog owner is strictly liable for all medical costs resulting from an attack. You do not need to prove the owner knew the dog was dangerous. The owner cannot escape responsibility for hospital and treatment expenses by arguing the dog had no prior incidents. This strict liability rule is narrow. It covers medical and veterinary costs only. To recover additional damages, you must clear a higher bar.

The one-bite rule and additional damages

New York generally applies the one-bite rule for pain and suffering, emotional trauma and lost wages. To recover these damages, you must show the owner knew or had reason to know the dog had vicious propensities. Evidence of prior knowledge can include:

Previous bite history: The dog bit or attacked someone before.
Documented aggression: The dog had a pattern of snarling, snapping or fighting other animals.
Fight training: The owner trained the dog to be aggressive.

Courts will weigh all available evidence about the dog's history when evaluating your claim.

Negligence as a separate path

A 2025 New York Court of Appeals decision expanded liability beyond the one-bite rule. Owners can now be held liable under a negligence theory even if their dog was never deemed dangerous. If an owner let a dog roam unleashed or failed to restrain an animal near children, that carelessness may support a claim. Property owners may also face liability if they knew a dangerous dog was on the premises and failed to act.

Filing a claim on your child's behalf

Children cannot file lawsuits on their own in New York. A parent or legal guardian may file a personal injury claim on the child's behalf. New York also applies comparative fault on a case-by-case basis when a minor is involved. A child's age, maturity and understanding of risk are considered before assigning any share of fault.

When to speak with an attorney

Dog bite claims involving children involve overlapping rules on strict liability, negligence and comparative fault. An attorney can help you understand your options and evaluate what damages may be available based on the specific facts of your situation.

What if the other driver lies about the accident?

2026-05-11T20:03:27Z

After a car accident, the other driver may tell police or their insurance company a story that contradicts what actually happened. This situation is frustrating, but the good news is that objective evidence can expose the truth.

Why do drivers change their story?

People lie about accidents for several reasons. They might worry about their insurance rates going up or losing points on their license. Some fear being sued or receiving expensive tickets. In other cases, the stress and adrenaline of a crash can actually distort their memory of what happened.

The evidence that reveals the truth

Fortunately, lies don't hold up when confronted with solid evidence. Some types of proof that can establish what really occurred include:

Police reports provide an official record including the officer's observations, accident diagram, citations and statements both drivers made at the scene.
Physical evidence often tells the most compelling story. Damage patterns, skid marks and debris location all reveal critical details about the collision.
Video footage can be especially powerful. Traffic cameras, business surveillance systems and dashboard cameras may have captured what happened.
Witness testimony from independent third parties carries significant weight in determining fault.
Technology plays an increasing role. Cell phone records, vehicle event data recorders and GPS data can provide objective information about the crash.

Together, these evidence sources create a factual picture that's difficult to dispute.

Understanding New York's fault rules

New York follows a "comparative negligence" rule. Under this rule, you can still recover damages even if you share some blame for the accident, though courts reduce your compensation by your percentage of fault. That's why accurate fault assignment is vital, as it directly affects how much you can recover.

Protect yourself at the scene

After an accident, take photos of everything: vehicle damage, road conditions, traffic signs and the overall scene. Get names and phone numbers from anyone who saw what happened. Give a factual statement to the police, but don't apologize or say the accident was your fault. Seek medical attention even if you feel fine, as this creates important documentation about the physical damage. The truth has a way of emerging when backed by objective evidence. Documentation you gather immediately after an accident can be your strongest defense against dishonest claims.

Sepsis protocols for timely diagnosis: why minutes matter

2026-04-13T19:17:34Z

Sepsis does not always arrive with a dramatic warning. It can start with subtle symptoms — fever, confusion, fast breathing, unusual fatigue — and then accelerate with terrifying speed. One moment a patient seems “just sick,” and hours later their organs may begin to fail. That is why timely sepsis diagnosis matters. Sepsis is a life-threatening response to infection, and every delay in recognizing it gives the condition more time to escalate. When clinicians and caregivers miss the early signs or attribute them to less serious illnesses, precious time slips away. The consequences can be tragic: longer hospital stays, lasting organ damage and in the worst cases, death. This post looks at what makes sepsis so difficult to spot, why quick identification changes outcomes and how a focused, proactive approach can help to better ensure patients get the urgent care they need.

Why is sepsis difficult to spot?

Sepsis can be difficult to spot because its early signs often look like common, less serious illnesses and can vary widely from person to person. As noted above, patients may first show nonspecific symptoms such as fever or low temperature, fast heart rate, rapid breathing, confusion, extreme fatigue, or general weakness. These are signals that clinicians also see with flu, dehydration, medication effects or worsening of a chronic condition. Sepsis also evolves quickly, so a patient can seem stable and then deteriorate within hours, especially older adults, infants, pregnant people and those with weakened immune systems, who may not mount a typical fever response. In addition, no single test confirms sepsis immediately; clinicians must interpret vital signs, lab trends and the likely source of infection together, which can delay recognition when findings are subtle or conflicting.

Why does quick identification of sepsis change outcomes?

Quick identification of sepsis can improve outcomes by enabling clinicians to act before organ dysfunction progresses. When care teams recognize sepsis early they can start time-sensitive steps like obtaining cultures, giving appropriate antibiotics, delivering intravenous fluids and supporting blood pressure. These actions can reduce the duration and severity of shock, limit kidney and lung injury, and shorten ICU and hospital length of stay. Rapid identification also helps teams escalate care sooner, trigger sepsis protocols and coordinate reassessment after initial treatment, which improves the likelihood of stabilizing patients and lowers the risk of death and readmission.

What should I do if a loved one suffered serious injury because providers did not diagnose sepsis?

If a loved one was injured because care providers failed to identify sepsis, act quickly and stay organized. The following can help:

Gather information. Ask the treating team to explain the timeline of symptoms, vital signs, lab results and treatment decisions. Obtain copies of all medical records, including emergency department notes, nursing notes, lab and imaging reports, medication administration records and discharge instructions. Keep a written log of events, names and dates.
Prepare for future care. Request a clear plan for ongoing care and monitoring.
Consider a second opinion. This can help confirm the diagnosis, assess complications and guide rehabilitation or follow-up.
Prepare for further action. If serious injuries result from improper care, consider consulting a medical malpractice attorney experienced in sepsis cases to review records and advise on deadlines and next steps.

Sepsis remains a leading cause of preventable inpatient death. Timely diagnosis can mean the difference between recovery and serious injury. Sepsis is a medical emergency that often hides behind ordinary symptoms, and that is exactly what makes strong sepsis protocols so important. When hospitals and care teams use clear screening criteria, reassess patients frequently and act quickly when warning signs appear, they can start life-saving treatment before organ damage takes hold. For patients and families, knowing that sepsis can escalate fast — and speaking up when something feels “off” — can also help close the gap between the first subtle signs and urgent care. If a delay in diagnosis leads to serious harm, it is equally important to get answers, secure complete records and seek appropriate follow-up and guidance.

How to differentiate medical malpractice and misconduct

2026-03-19T13:50:51Z

A bad medical outcome does not always mean a malpractice case. Some situations involve careless treatment. However, some cases involve fraud or abuse. While both medical malpractice and misconduct are forms of negligence, it is important to know how to differentiate them.

Major differences between medical malpractice and misconduct

Medical malpractice refers to cases when health care providers fail to provide their patients with proper and sufficient care, potentially causing them harm or even death. In other words, it is professional negligence – a departure from the acceptable standard of care that causes injury. In New York, people typically have a deadline of two years and six months to file medical malpractice lawsuits. Major examples include:

Forgetting a patient’s allergies or medical history
Performing the wrong procedure, or doing surgery on the wrong body part or patient
Failing to diagnose serious conditions when a competent health care provider can do so in the same situation
Prescribing the wrong medicine or dosages that are either unsafe or ineffective

Medical misconduct involves health care providers breaching their professional standards. This refers to intentional wrongdoings and unethical behavior that medical practitioners may engage in to take advantage of their patients. With this in mind, some common examples of medical misconduct include:

Willfully committing health care fraud
Deliberate lack of informed consent by refusing to mention risks, side effects and alternative procedures
Sexually abusing or exploiting people under their care
Prescribing increased doses of medicine for personal gain, even if it comes at a patient’s expense
Performing the wrong or unnecessary procedures for profit

Despite their differences, the two concepts share many similarities. For example, both malpractice and misconduct refer to health care providers failing in their duty of care to their patients. Though both are forms of negligence, what ultimately differentiates the two is the intent.

What should someone do if they suspect medical malpractice or misconduct in New York?

If a person suffers an injury or worsening symptoms as a result of their treatment, they may request their health care provider for their complete medical records. Afterwards, they can track their symptoms and gather proof of damages such as lost wages and medical bills. Similarly, if one suspects medical misconduct, such as unnecessary procedures or sexual abuse, they may file a complaint with the New York State Office of Professional Medical Conduct. Many people find it difficult to make sense of the complex laws concerning medical malpractice and misconduct, prompting them to hire attorneys for assistance. With the guidance of legal professionals, people can determine whether or not they are victims of the negligence of their health care providers.

How nursing errors may occur during routine hospital care

2026-01-23T14:21:06Z

You receive care during a hospital stay in New York. Nurses give medicine, check vital signs and help with daily needs. A problem may arise during that care. When this happens, you may ask if nursing actions or work conditions played a part and if the situation points to possible medical malpractice. Reviewing what took place during routine care can help you see if the outcome goes beyond normal care risks.

Routine care conditions increasing the risk of nursing mistakes

Routine hospital care often moves at a sustained pace and requires constant task switching. During your stay, a nurse may manage several patients with different needs at the same time. Each responsibility requires focus and timing. Pressure can build during busy periods. That strain can affect execution even when staff follow expected procedures. Common conditions that can increase risk include:

Managing multiple patients with competing care priorities
Handling repeated interruptions during medication or monitoring tasks
Working extended hours with limited recovery time
Coordinating medication schedules with narrow timing windows

Each condition increases mental strain. Combined demands can influence attention, sequencing and follow-through. Routine care can create stress points that remain unnoticed until a problem develops.

System and communication gaps influencing bedside decision-making

Your care also depends on clear systems and steady communication. Nurses rely on charts, alerts and team updates to guide bedside decisions. Gaps in these systems can affect how care unfolds. A delayed note or unclear entry can influence response timing. Shift changes also require accurate handoffs. When details lose clarity during transitions, subtle changes in your condition may receive less timely attention.

What to consider after an unexpected hospital outcome

An unexpected complication can raise concerns about possible medical malpractice. In New York, malpractice claims often follow a statute of limitations of two years and six months from the date of care, although some situations may affect that timeframe. Because timing can matter, preserving records early may help. Useful materials often include medical charts, medication records, discharge documents and personal notes about changes you observed during care. These records can help clarify whether the situation reflects routine treatment risks or warrants further review.

How can you prove a personal injury claim in New York?

2026-02-13T19:52:47Z

Victims of such incidents are only eligible to receive financial compensation if they can prove it. If you wish to make a personal injury claim, you will need to learn what proof to look for.

What sort of evidence do you need?

To establish a solid personal injury claim in New York, you will need to gather proof. This typically includes:

Details: It is important to recall as much information about the incident as possible, including the location, time, cause and sequence of events.
Medical records: Be sure to gather medical reports, records and documents that prove the severity of your injuries.
Photographs and videos: If you have any photographs of the aftermath of the incident or video evidence from a dashcam, be sure to present them to the authorities.
Eyewitness reports: Talk to people who were present at the scene of the incident and ask them to provide testimonies about what they saw.
Police accounts: Judges often consider third-party reports from authorities like the police, which can serve as supporting evidence when determining the outcome of a case in court.

Keep in mind that you only have three years from the date of the incident to file a personal injury claim in New York. This encourages the timely gathering and delivery of evidence, especially because memories and proof fade, and potential witnesses might move out of the area.

What makes evidence so significant?

Proof plays an important role when it comes to filing personal injury claims because it would be almost impossible to win without it. Evidence allows courts to have a better understanding of the incident resulting in your injury, leading to more accurate judgments. You will also need proof to give your claim credibility. If you require financial compensation for injuries, make sure to gather as much evidence as possible.