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Including a Doctor’s Chart into Evidence

When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.

Judgment Call is the Most Common Defense of a Doctor

One of the most common defenses that doctors and their attorneys use in medical malpractice cases is the judgment call defense. When you bring a lawsuit against a doctor, claiming he did something wrong, the doctor could say at trial that it was his medical judgment to treat this patient in the way he was treated.

Bicycle Accident Cases are sometimes Challenging  

A woman carelessly opens the door of her car in the street, which causes a bicyclist to ram right into the door, fly over the handlebars, and land in the street. Cyclist Crashes onto the Street The cyclist had just finished a twelve-mile ride and was heading back home. The woman had just parked into […]

The Top Aspect for the Jury to Evaluate in a Personal Injury Case

What is the most important thing for a New York jury to evaluate in a civil case such as an accident, medical malpractice, or even a wrongful death trial? Credibility is Crucial What is the main focal point that a jury will evaluate, while deciding who is more likely right than wrong, and what the […]

How is Pain and Suffering Established in a Personal Injury Case

Restrictions in Explaining Pain and Suffering In a personal injury case, how do you explain to the jury, the pain, and suffering of the victim? The answer is simple, the attorney must put the jury into the shoes of the injured victim. Only then, people can truly understand the type of pain and suffering the […]

Is there a Time Limit for Cross Examining a Witness

In a medical malpractice lawsuit, the judge asks the lawyer to begin his cross-examination of a witness. When the lawyer stands up to cross-examine a witness, does he have a time limit? Does the judge give a time limit to the lawyer, as to how long he has for questioning the witness?

Juror Forms an Instant Bond with a Lawyer during Jury Selection  

In a personal injury case, during jury selection, the two lawyers are questioning potential jurors. The questioning process enables the lawyers to find out if the prospects can be fair, impartial, and are able to listen to the dispute of the case. The plaintiff’s side will be claiming that the doctor or hospital had violated […]

Should You Sign a Release Document to Receive Your Settlement Check

You have been involved in a significant car accident and you get in touch with the insurance company of the careless driver. The company wants to settle the case with you, but before that, they want you to sign a document called a release. Should you ever sign such a document, before you have spoken […]