Allyson A. Avila
- Commercial Litigation
- Health Care
- Professional Liability Defense
- Employment Law
- Product & General Liability
Allyson A. Avila is an accomplished trial attorney who enjoys an enviable track record of success. Dependable, responsive and approachable, her time and talent in the courtroom make her a “go-to” attorney when there is a risk of high exposure.
Ms. Avila maintains a diverse civil trial practice, including medical malpractice and nursing home litigation, premises liability, employment claims, contract disputes and product liability. She counsels and defends a wide spectrum of private, institutional and municipal clients, invariably garnering their loyalty and respect.
Ms. Avila is also one of only a few attorneys in the nation that has intimate knowledge of the aesthetic industry and the nuances of medical spa formation, licensing, and compliance with state and federal laws. Ms. Avila envisions, constructs and executes legal and regulatory strategies that drive business results. A strong relationship and alliance builder, she understands the importance of agreement and collaboration to help ensure that workable strategies are designed in a way that most effectively addresses the unique needs of each client to meet her client’s business objectives.
Ms. Avila and her team deliver added value to clients by regularly visiting their facilities and presenting educational and risk management programs. She is a frequent lecturer at global aesthetic conferences.
Ms. Avila’s practice area expertise and experience includes:
Health Care and Medical Malpractice Litigation
Tort & Product Liability
Commercial Transactions and Litigation
Health Care Law Counsel
Ms. Avila has served as a trusted adviser to practitioners and other executives to help clients thrive in the complex health care environment. She works with them to develop and improve their regulatory operations in ways that align with their business objectives. Allyson works closely with physicians and entrepreneurs, establishing their new business ventures and helping to guide them through intricate legal obstacles that arise in the business formation process. She provides guidance to medical spas and other aesthetic enhancement businesses to establish their compliance with ongoing requirements imposed on the industry by local, state and federal laws.
She regularly provides legal representation to senior living facilities, physicians, nurses, physicians’ assistants, aesthetic professionals and pharmacists. Ms. Avila defends clients in litigation surrounding breach of contract, fraud, malpractice and other allegations. She also 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. She counsels clients to successfully navigate compliance laws and regulations and works with them to obtain state licensure and certification.
Commercial Contracts and Joint Ventures
Ms. Avila is focused on delivering practical strategies to improve business arrangements through the negotiation and development of solid, results-oriented agreements. She negotiates contracts and other business documents for medical providers, employers, manufacturers and distributors, striking an optimal balance between risk and business opportunity.
General Liability & Casualty
Ms. Avila has a varied general liability practice defending a broad range of negligence-based claims arising from construction-related accidents, alleged improper operation or maintenance of equipment and facilities, inadequate security, automobile accidents and premises liability. Ms. Avila’s acute attention to detail and thorough case management were demonstrated when she successfully obtained a defense verdict following a five day jury trial in the Supreme Court of the State of New York, Kings County. Click here for more details.
Mass Torts/Toxic Torts
Ms. Avila’s practice includes handling the defense of toxic tort claims including litigation from the 9/11 terrorist attack. Among other notable defense verdicts, Ms. Avila won a case on behalf of a sports club defendant in a chlorine gas exposure claim seeking $3.5 million in damages.
Representative Trial Experience
- Defense verdict in favor of physician and his practice in plaintiff slip and fall
- Defense verdict in favor of orthodontist in malpractice and product liability claim filed by a post polio patient that claimed injury due to faulty prosthetic device
- Defense verdict in favor of hospital on a malpractice and false imprisonment claim.
- Defense verdict in action against nursing home for malpractice
- Defense verdict in negligence/premises liability case
- Defense verdict in toxic tort claim against sports club.
- Defense verdict in motor vehicle accident filed against hospital and hospital’s driver
- Defense verdict in negligence/premises liability case against Nail Salon.
- Defense verdict in favor of sports club in a negligent maintenance of gym action.
- Defense verdict in favor of sports club in negligent maintenance of gym action where plaintiff claimed defect with equipment.
- Defense verdict in favor of land developer after liability had already been established under NYS Labor Law.
Publications & Presentations
- Legal Issues: Restrictive Covenants, MedEsthetics Magazine (2018)
- Legal Issues: Employee Leave, MedEsthetics Magazine (2018)
- Legal Issues: Compounded Care, MedEsthetics Magazine (2018)
- Practice Management: Informed Consent for Online Content, MedEsthetics Magazine (2017)
- Practice Management: Top Compliance Concerns for Practitioners, MedEsthetics Magazine (2017)
- Fee Splitting Concerns, MedEsthetics Magazine (2016)
- Alternative Therapy Hazards, MedEsthetics Magazine (2016)
- A Winning Relationship, MedEsthetics Magazine (2016)
- Ted Talk: These Times They Are A Changin’: The Intersection of Law & Politics, Gordon & Rees Legal Education Conference, New York and Hartford (May 2018)
U.S. District Court, Eastern, Southern and Western Districts of New York
J.D., cum laude, Pace University School of Law, 2001
M.A., City College of New York, 1997
B.S., magna cum laude, St. Thomas Aquinas College, 1994