Defining "Vicarious Liability" in the Field of Medical Malpractice
If you have been the victim of medical malpractice, it helps to know the meaning and implications of certain legal jargon, like “vicarious liability.” Knowing about this term will help you figure out whom to sue for damages, so all liable parties are brought to book and your chances of claiming compensation for your losses and suffering improve.
What Damages can I Claim in a Medical Malpractice Case?
If you or a loved one has been the victim of medical malpractice, you know how life turns upside down after the incident. The repercussions are wide-ranging. Your health is affected adversely. The quality of your life decreases. You are emotionally upset. Even your work life can suffer.
What is Informed Consent in a Medical Malpractice Case?
If you (God forbid!) have to file a medical malpractice case, you will have to make your way through a maze of legal jargon. “Informed consent” is one phrase that will crop up occasionally. Know what it means to figure out if you have a medical malpractice case at all. This will save you many trips to the attorney’s office.
What is "Standard of Care" in the Medical Malpractice Arena
Medical malpractice cases rest on the premise of “standard of care.” If you have been a victim of an incident of medical malpractice, you will have to prove that a medical professional treating you has breached the norms of standard of care to prove the validity of your case and claim damages. You should know the meaning of the phrase, its implications, the instances when standard of care is deemed to have been breached, and the exceptions to the norm.
Patient vigilance could help prevent doctor errors
Although patients in New York rely on the expertise of their doctors and other health care providers, they should still take steps to protect themselves from medical mistakes. Researchers consistently find that misdiagnosis is the leading category of medical error.
Doors and Windows: Be Vigilant on Property Upkeep
Too many business owners do not take the time to evaluate the physical properties that they use to offer products and services to consumers. The problem of the absentee owner contributes to many preventable accidents around New York City and other areas simply because no one takes on the responsibility of keeping business locations safe. […]
Complication as a Defense in a Medical Malpractice Case
A patient suffers serious injuries when a surgery becomes a catastrophe. The doctor on the other hand, argues in his defense that he has never encountered a complication like this before, and therefore he should not be held accountable for it happening in this instance. Can the patient’s lawyer object to this during the trial? Can the plaintiff’s lawyer prevent the doctor from telling this to the jury?
Knowing the Costs of a Trial
When you have filed a personal injury case, and your doctor agrees to come and testify on your behalf at trial, do you have to pay him? The answer is yes, you will have to pay your doctor to come in and testify. It would be sort of selfish to assume they will spend a day or two in court and not receive some type of financial compensation.
Most Common Defenses in Medical Malpractice Cases
Judgment Call a Common Defense
Will a Juror who has Suffered the same Injuries as the Victim be Automatically Disqualified
You have suffered a significant fracture of the femur in an accident, which is the biggest bone in the body, and you have filed a personal injury case to claim compensation. Your case has come all the way to trial, and now during jury selection, one of the jurors tells your lawyer that he has suffered the same type of fracture, but his injuries were not permanent.