What happens when the Jury is Deadlocked
In medical malpractice case, it is possible that the jury is unable to reach a decision or is deadlocked. In such instances, the defense lawyer will most probably want the judge to declare a mistrial, whereas the plaintiff’s lawyer will want the jury to go back and continue deliberating until they reach a verdict. In any civil case in New York, when the jury deliberates, it needs five jurors out of the six, to agree on any one of the issues, in order to reach a verdict.
Worker killed after wall collapses at Midtown construction site
Site had previously been closed following safety concerns A construction worker was killed recently when a concrete wall collapsed at a job site in Midtown Manhattan, according to the New York Post. The section of wall, which witnesses said looked to have weighedseveral tons, fell on the worker during excavation at the site. The construction site, which will be the home […]
Can You Take Photos in the Hospital
If you think you are the victim of medical malpractice, you may often wonder why the hospital does not want you taking photos of you inside the intensive care unit. When you are in the hospital and you start taking pictures, people start asking many questions. Why do you need to take photos? Why are there so many people in here? The fact is you are documenting something, and you have every right to document exactly what is happening to you.
Contracting Sepsis and a Possible Lawsuit
Sepsis in its basic definition means a massive infection in your body. The question is how it occurs, why it should matter to you, and how it could be grounds for a medical malpractice case. For instance, say you have undergone a surgical procedure, and the surgeon has inadvertently injured your bowel or colon during the surgery, and does not know about it.
Do Juries Like Doctors and Hospitals
When you bring a claim against a hospital or a doctor in the state of New York, the medical malpractice case will be tried in court and a jury will ultimately decide on the case. Did you know that juries generally like doctors? Many lawyers refer to this, as the elephant in the room. Lawyers discuss it with their clients, and it is discussed with juries as well. Attorneys should definitely broach this subject, and it should not be kept hidden.
Lack of Informed Consent
Lack of informed consent can be grounds for a medical malpractice case. It deals with what the doctor informed you, before prescribing a treatment or doing a procedure. When a doctor is proposing a certain form of treatment, he is obligated to discuss with you, the risks, and benefits of the treatment and if any alternatives are available.
Medical Literature in Support or Against the Doctor’s Position
In a medical malpractice trial, the plaintiff’s lawyer will have the opportunity to question the doctor, who is being sued. Many questions can be asked surrounding the incident, at the deposition, or at the examination before trial, and during the trail as well. However, there are certain restrictions to the type of questions that can be asked during the deposition, and the defense lawyer can object to inappropriate questions.
When do Slip and Fall Accidents become a Personal Injury Case?
Slipping or tripping on a wet or slippery floor, ground, or stairs is a common occurrence and has happened to everyone at some point of their lives. It is quite normal to have something trip on a particular surface and if you trip, you can’t always hold the owner of a property responsible for it. […]
Vital Information Pertaining to Construction Accidents & Injury Claims
Working in construction can be a very dangerous profession because of the number of things that could go wrong on the job. Construction workers perform operations involving physical labor, often with heavy machinery or at terrible heights. There are times that falling debris might injure pedestrians or bystanders. In 2012 alone in the United States, […]
Reasons to Consider Settling Your Personal Injury Lawsuit Out of Court
Many personal injury lawsuits are settled out of court since there are many advantages and benefits to this. Here are some reasons why you should consider settling your personal injury lawsuit out of court. Trials can be Expensive, but a Settlement may not Be Usually, the person who is injured in a personal injury lawsuit […]