Professional Liability Advocate

Professional Liability Advocate

Lori R. Semlies (White Plains, NY)

Lori R. Semlies (White Plains, NY) Lori Semlies focuses on the defense of medical and nursing home malpractice claims in both state and federal courts, including all phases of litigation through trial. She has handled appeals in the New York Appellate Division, First and Second Departments, and before the Second Circuit Court of Appeals. Lori also defends general negligence cases as well as trip and falls, motor vehicle accidents and equipment malfunctions.

Subscribe to all posts by Lori R. Semlies (White Plains, NY)

Is This the End of Arbitration in Nursing Home Litigation?

Posted in Alternative Dispute Resolution, Healthcare
As anticipated, the Centers for Medicare & Medicaid Services (CMS) has released new regulations addressing the use of arbitration agreements in nursing home admission agreements applicable to facilities that participate in Medicaid and Medicare programs. However, the scope has far exceeded what was expected. The proposed regulations only sought to ban mandatory arbitration agreements as… Continue Reading

Arbitration of Nursing Home Suits: Take Two

Posted in Alternative Dispute Resolution, Medical Malpractice
Quasi Tort Reform in Nursing Home Litigation Is on the Way! Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (2012), in which the Court determined… Continue Reading

Arbitration Agreements in Nursing Home Admission Agreements

Posted in Medical
In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (Feb. 2012), held that these agreements are enforceable because the Federal Arbitration Act (FAA) preempts both state… Continue Reading

The Doctor May NOT Be In!

Posted in Medical
Traditionally, parents encouraged the next generation to seek careers as doctors or lawyers – not only the most prestigious but also, at that time, the most lucrative. However, in today’s world, particularly from the perspective of this medical malpractice attorney, I have not encouraged the same goals for my children. College is expensive enough; I… Continue Reading

Is the Error of Judgment Defense Still Available in Suicide Cases?

Posted in Medical
Are courts becoming more liberal with the standards by which physicians are judged in failing to prevent suicides? Traditionally, the professional judgment rule has been used by psychiatrists and other physicians as a defense against cases alleging a failure to predict and therefore prevent a patient from committing suicide. The premise is that if the… Continue Reading

Patient-on-Patient Violence: Does a Negligence Case Trump a Patient’s HIPAA Rights?

Posted in Attorneys, Medical
At some point in their careers, most medical malpractice defense attorneys have defended a medical facility against a claim for negligence based on one patient being attacked by another. The negligence claim is premised on a failure to properly supervise and protect a patient from another who is known to have a propensity for violence.… Continue Reading

Romance between Nursing Home Residents – Should the Facility Step In?

Posted in Attorneys, Medical
State and federal regulations weren’t enacted to protect nursing home residents only from neglect and abuse. Federal law requires facilities to maintain environments that promote, maintain or enhance a resident’s quality of life. Adults have the right to make choices about significant aspects of their life in a facility. Indeed, the facility must make reasonable… Continue Reading

Video Surveillance in Nursing Homes: A Double-Edged Sword

Posted in Medical
Should long-term-care (LTC) facilities use or permit the use of video surveillance in residents’ rooms? LTC facilities, aka nursing homes, are increasingly the subject of state and sometimes federal investigation to detect abuse and neglect of residents. Unannounced visits by the state attorney general’s office are more frequent, as is the media coverage of these… Continue Reading