Richard T. Mermelstein Partner




Rich Mermelstein focuses on medical and health care malpractice defense and is deeply involved in legal issues that are transforming New York’s nursing home landscape. He has extensive experience defending the full range of malpractice claims against nursing homes, hospitals, physicians, nurses, physical and occupational therapists, psychiatrists, dentists, chiropractors and other health care professionals. He also has defended manufacturers in medical products litigation, and has handled the defense of general liability claims.

Rich has litigated cases on behalf of dozens of nursing homes throughout the tri-state area. He also has counseled these facilities and their insurance carriers on the implications of New York’s public health law, which provides for punitive damages in lawsuits against nursing homes. In light of recent rulings in New York that have increased the potential punitive damages exposure in nursing home litigation, Rich is at the forefront of developing strategies to position these cases both substantively and procedurally for the best possible resolution through motion practice, at trial or on appeal.

Recognizing that just one punitive damages award effectively can shut down a nursing home, Rich is committed to sharing his knowledge with clients to help them avoid litigation and put them in a position to successfully defend claims. He regularly presents risk management seminars at leading facilities in New York and has helped them institute best practices for documentation and other procedures. This “knowledge is power” philosophy also led Rich to develop the firm’s Continuing Legal Education program, which he chaired for many years.

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