Birth injuries in New York
When a woman is giving birth, there are many things that could potentially go wrong. While many health care professionals do what they can to ensure the safety and health of both mother and child, there are instances where a birth injury may occur.
Personal Injury Negotiations 101
The Oldest Tactic in the Book One of the oldest tactics in personal injury negotiations is the defense attorney approaching the plaintiff as a friend and asking what the bottom line number would be for settling the case. The lawyer will promise the victim that he will negotiate with the insurance company, but he will […]
Violation of Basic Standards of Medical Care
In a medical malpractice case it is critical to explain to the jury, what were the expected standards of care in the treatment how were these standards violated, and why such violation made a difference? For instance, you may have consulted a doctor for some health issue, and after receiving treatment from the doctor, you end up with an injury rather than getting back on track and getting your health back. You would want to know, whether the doctor has violated the basic standards of care that caused you harm.
Representing surgical malpractice claims in New York
Everyone knows that surgical procedures have inherent risks, but many patients don’t realize that one of the major risks they face during surgery is medical negligence. Each year, 98,000 patients die as a direct result of some form of medical malpractice, according to an Institute of Medicine study.
Can Witnesses be Taken Out of Order
Usually in a medical malpractice trial, witnesses are presented in a certain order. However, witnesses can be taken out of order as well, and for doing that, permission has to be issued from the court.
Defining a Prep Session for a Deposition
There is a preparation session to get you ready for your pretrial session, which is a question and answer session called a deposition. You have filed a medical malpractice lawsuit for the injuries and losses you have suffered due to the negligence of a doctor or a hospital. Before the trial begins, there is the deposition, where you will be asked questions by the defense attorney. Your lawyer will want to prepare you before you actually face this session in actuality.
Should You Retrieve Your Own Medical Records
You suspect that your doctor has done something that has caused you significant harm. When you go to your attorney, he will want to investigate the matter, and might ask you to turn over your medical records. However, is it proper for the attorney to give you such instructions?
What happens when a Doctor Intentionally Causes Harm
If a doctor intentionally causes you harm in New York, then his insurance company will most likely not provide him with the coverage. Every doctor in New York is required to carry medical malpractice insurance. They do that for the key reason that if the patient suffers harm because of the doctor’s carelessness, the patient has the ability to be compensated by the doctor’s insurance company.
While the Jury Deliberates
What should you do when the jury is deliberating? You have filed a medical malpractice lawsuit, it has gone all the way to trial, and at the end, the jury has moved on to deliberate. What do you do in the mean time? The jury could deliberate the case for a few minutes or they could take many hours or longer, for them to reach a verdict.
What happens when an Expert Witness Lies about Payment
A lie told by the expert witness on the stand can change the whole course of the case. In a medical malpractice case, the defense attorney puts an expert witness on the stand. This witness is an orthopedic doctor, who is brought in to testify on behalf of the defense. During the questioning, the defense lawyer asks the orthopedist whether he is being paid to come and give his expert testimony.