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Bonnie Ackerman practices in the areas of medical malpractice, health care, nursing home liability, general liability and product liability. During an earlier tenure at Wilson Elser, she served as supervisory counsel for product liability matters pending nationwide and handled litigation for general liability matters pending in New York. Bonnie’s experience also includes formulation of strategies; preparation of complex motions and memoranda of law; innovative research in the areas of medical malpractice, product liability and general liability; depositions, extensive discovery, investigatory planning and settlement negotiations; comprehensive analysis of depositions and trial transcripts; and creation of periodic reports for clients.

With increased reliance on telemedicine, many physicians question whether the elimination of in-office, face-to-face patient encounters increases their potential medical practice liability risks. Approximately 90% of health care organizations use or plan to implement telehealth platforms. In states permitting telehealth, 95% of large employers offered telehealth to employees for minor, non-urgent services in 2018.

Continue Reading Is the Doctor In? Medical Malpractice Issues in the Age of Telemedicine

Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong.  Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead without acknowledgement. A patient’s decision to file a malpractice action may be triggered by the physician’s response to a problem − or lack thereof.

The Washington Post highlighted contrasting tales of medical errors in which two patients suffered devastating consequences during surgery. Frustrated by a “white wall of silence” preventing her health care providers from articulating more than “’things didn’t go well,’” the first patient desperately committed to finding truth at all costs. In stark contrast, following his surgeon’s immediate explanation and apology for an error that rendered the second patient quadriplegic, the patient engaged in productive discussions with risk managers. The patient’s needs were met and his attorneys negotiated a confidential settlement without litigation.

Continue Reading You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation