Types of Damages and Liens in a Medical Malpractice Case
Gary Silverstein
March 15, 2015
What type of damages can you claim by filing a medical malpractice lawsuit?
What type of damages can you claim by filing a medical malpractice lawsuit?
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.
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 a parking spot, and carelessly flings open her door without realizing that the bicyclist was right there. Due to the door suddenly appearing in front of him, the bicyclist has no way of avoiding it. He hits the door, goes flying over the handlebars of his cycle, and lands in
During closing arguments, can a lawyer turn around in front of the jury, and call the opposing lawyer, a liar? A Lawyer cannot Call the Opposing Lawyer a Liar The plaintiff’s lawyer says its black, the defense will say white, one side says yes and the opposing side says no. For, everything claimed by the plaintiff, the defense would say just the opposite. Is the defense lying or being untruthful? Is the defense lawyer shading the truth? When the plaintiff’s lawyer obtains the opportunity to address the jury with his closing remarks at the end of the trial, can he tell the jurors that the
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 party is claiming is true? The answer is credibility. Who does the jury believe is more likely right than wrong? Does the jury believe you, or do they believe the people you are suing? This is critical because in order to be successful, to justify a verdict in your favor,
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 victim has truly endured. However, there is a problem for doing this at trial. In a personal injury trial in New York, the plaintiff’s attorney cannot ask the jury to step into his client’s shoes. This is prohibited, because when it is done, the jury will naturally feel sympathetic and
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?
A fire department surgeon is fined $10,000 for charging a patient $66 extra to provide his medical records. The patient was an 89-year-old man, who had requested his medical records from the surgeon. In the state of New York, any person can request copies of his or her medical records.
You think that your doctor has done something wrong to cause you significant harm and injury, and now you are contemplating in pursuing a medical malpractice lawsuit against him in New York. However, it is important for you to know if your doctor is an independent contractor, or an employee, this makes a distinct difference.
