Why are TV Ads of Lawyers Unreliable
Many attorneys put commercials on TV to market their services and their firm’s capabilities. However, can you depend on the content of these ads to make a decision about which lawyer to choose? The answer is definitely not, because these commercials do not give any useful information. All these TV commercials about attorneys advertising say the same thing. They all say that if you have been injured, you should call me, as we have been in this business for a long time. However, these ads fail to tell you why you should choose them, or why they are different from any other lawyers.
Why the Judge Wants the Two Lawyers to Agree on Certain Facts
Did you know that before a medical malpractice trial can actually start the judge would want the two lawyers to stipulate to a set of facts that are already agreed to? In every single case, a certain set of facts are clearly agreed to. For instance, in a medical malpractice case, the two sides will agree when the incident in question took place, where it took place, and so on. Hence, there are certain facts that are clearly agreed to and stipulated.
Will Aggressive Cross Examination Work Every Time
Sometimes an aggressive line of cross-examination by the plaintiff’s attorney could backfire in a medical malpractice case. At trial, when the lawyer is cross-examining the doctor or a medical expert of the defense aggressively, it might backfire and harm the case if the lawyer is considering to be badgering the witness. However, if the doctor is combative, repeatedly refuses to answer the questions in simple yes or no, and fights with the attorney for every little word and semantics, then an aggressive cross-examination may not backfire.
Is it Possible to Correct Testimony Given at a Deposition
In a medical malpractice case, there is a question and answer session held under oath before the trial. This session is called a deposition or an examination before trial, and everything is recorded by a court clerk. Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.
Is the Early Settlement of a Medical Malpractice Case Possible
When you have filed a medical malpractice case in New York, one of your main questions would be what the likelihood of settling the case early is, so that you do not have to deal with the entire litigation process. In New York, a medical malpractice case takes about two to three years from start to finish, and hence most people want to avoid this long litigation process and would like to find a solution for an earlier settlement.
Non-Party Witness Deposition
A deposition is a question and answer session that takes place under oath, before the trial. It is also called an examination before the trial, where both parties to the case are asked questions by the opposing lawyers. However, there could be a non-party witness deposition as well, in a medical malpractice or accident case. A non-party witness is one who is not part of the lawsuit.
Objections Raised During a Deposition
In a medical malpractice case there could be instances where one of the defense attorneys could start screaming and yelling at the plaintiff’s lawyer during deposition. For instance, the plaintiff’s lawyer was taking pretrial testimony of an obstetrician in a medical malpractice case involving failure to deliver a baby in a timely manner, which caused significant injuries to the precious baby.
Questioning Strategy during a Deposition
The doctor refuses to acknowledge and admit that he has violated the basic standards of medical care. In a medical malpractice case, it is critical for the plaintiff’s lawyer to get the doctor to admit during pretrial testimony, why he violated the basic and accepted standards of care. In an actual medical malpractice case, an anesthesiologist improperly administered an anesthetic medication that caused the plaintiff to suffer a cardiac arrest.
Tactics Used by the Doctor’s Attorney
When you bring a medical malpractice case against a doctor or hospital in New York, you should be ready for a tough legal battle in court. The hospital or doctor will be hiring the best attorneys, since their reputation and some serious money is at stake. These attorneys will mainly employ three tactics to make their case strong:
Unringing the Bell at a Medical Malpractice Trial
Is it possible to unring the bell at the time of a medical malpractice trial? Do you think that if you have said something that should not be said, the jury is likely to forget what you said? During the course of the trial, it is possible for either of the sides to say something that they should not have said. The judge might have decided that a particular topic is completely off limits, and one of the parties addresses something that the judge had ordered not to discuss.