Donna Marie Baloy primarily focuses her practice on the defense of medical and dental malpractice and general liability claims. In addition, she represents professionals in the burgeoning "medical spa"and beauty industry, which encompasses not only the diverse areas of litigation that arise but also assistance and guidance on facility formation, compliance with state and federal laws, lobbying, contractual and employment issues, and requisite licensing.
Both clients and colleagues place their confidence in Donna based on her track record of assertive advocacy, responsiveness and results. She has nearly 20 years of experience before state and federal courts, frequently representing client interests before state regulatory agencies and in alternative dispute resolution forums.
Donna devotes a high degree of personal attention to every assignment. She provides candid assessments of the options available, including strengths, weaknesses and likely outcomes, enabling clients to chart their course of action and decide on the most advantageous and cost-effective path.
Areas of Focus
Medical & Dental Malpractice
In the malpractice area, Donna defends claims against a myriad of licensed and certified health care professionals and facilities, including physicians, dentists, oral surgeons, physicians' assistants, nurses, therapists, cosmetologists, aestheticians, electrologists, pharmacists, optometrists, audiologists, aides, hospitals, laser centers, radiology groups, dialysis centers, labs, nursing homes, adult care homes and assisted living facilities. She also handles claims against licensed and certified medical and beauty professionals accused of misconduct before the Office of Professional Medical Conduct (OPMC), Office of Professional Discipline (OPD) and American Speech-Language-Hearing Association (ASHA).
General Liability & Casualty
Donna's diverse general liability practice focuses on the defense of personal injury, wrongful death and property damage claims arising from various types of accidents, including automotive, premises, construction, slip and fall, products, medical devices, pharmaceuticals and sports, recreation and exercise equipment. Many of the general liability cases Donna handles involve catastrophic accidents and injuries.
Donna has significant experience representing educational institutions in lawsuits involving personal injury and property damage claims as well as bullying, assault and sexual misconduct allegations and academic freedom issues.
Health Care Law Counsel
Donna provides guidance to medical spas and other aesthetic enhancement businesses during the formation process and to establish their compliance with ongoing requirements imposed on the industry by local, state and federal laws. She regularly provides legal representation to physicians, nurses, physicians' assistants, cosmetologists, electrologists, aestheticians laser technicians, massage therapists and pharmacists. Donna counsels clients on issues such as fee-splitting, professional liabilities, anti-kickback laws, professional licensure, regulatory compliance, administrative practices and product liability. She is also adept at preparing collaborative agreements between professionals as well as employment and management agreements. Donna counsels clients to successfully navigate compliance laws and regulations; helps them develop strategies to operate within the complexities of HIPAA regulatory frameworks; and works with them to obtain state licensure and certification.
Drawing in part on her previous work as an attorney for the Police Benevolent Association of the City of New York, Donna has handled numerous governmental, public official, and police and prisoner liability matters.
Memberships & Affiliations
New York State Bar Association
Texas State Bar Association
New York State Trial Lawyers Association
Association of Professional Insurance Women (APIW)
Claims & Litigation Management Alliance (CLM)
Westchester Women's Bar Association
Westchester County's Human Rights Commission, vice chair; member, Fair Housing Committee
Certified Litigation Management Professional (CLMP)
The Use of Botulinum Toxin Products in Cosmetic Applications - What's the Litigation Risk?
June 25, 2014
Botulinum toxin products such as Botox and Dysport are used cosmetically for temporary improvement in the appearance of glabellar lines ("frown lines") and lateral canthal lines ("crow's feet") in adults. Essentially, these products employ a neurotoxin, botulinum toxin type A, which works by weakening or paralyzing muscles and/or blocking nerves. In addition to its cosmetic uses, botulinum toxin is also approved by the FDA for use in a variety of therapeutic applications: overactive bladder, urinary incontinence, migraine headaches, upper limb spasticity, cervical dystonia (painful contraction of neck muscles), hyperhidrosis (severe underarm sweating), blepherospasm and strabisimus.
Selmeci, Baloy and Endick Obtain Reversal of Med Mal Case from the Appellate Division
September 30, 2014
(Also at New York, New York Office)