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What happens When the Mediator does not Know How to Negotiate

Robert Wolff January 7, 2015

Your medical malpractice case is close to trial and both sides have agreed to mediate the case, which means, settle it out of court before it gets to trial. Both sides agreed that it would be better to save time, effort, and money by mediating than actually trying the case. The mediation process is presided over by a mediator who is usually a retired judge or highly experienced attorney.

Birth injuries in New York

Gary Silverstein January 2, 2015

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.

Medical mistakes decreased between 2010 and 2013

Robert Wolff December 29, 2014

Authorities reported that the statistics on deadly errors made in hospitals or by medical care professionals reflects a declining trend for recent years. A federal review of hospital records reportedly showed that deaths caused by drug mistakes, infections and other preventable injuries or illnesses dropped by 17 percent from 2010 to 2013. If accurate, this is good news for New York, whose courts have fielded their fair share of medical malpractice lawsuits.

Personal Injury Negotiations 101

Gary Silverstein December 19, 2014

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 not tell them the bottom line figure that the victim wants. However, you should not fall for this strategy, and you should never ever tell the defense attorney what your bottom line figure is. Disadvantages of Revealing Your Bottom Line Number If you go ahead and divulge your bottom line

Court decides to uphold negligence suit against hospital

Robert Wolff December 19, 2014

New York residents might have heard that on Dec. 12, a Florida court ruled to uphold a suit of negligence against the Holmes Regional Medical Center for failing to remove a recalled drug and prescribing it to a patient. The hospital had appealed the negligence lawsuit, which was filed by the injured patient and his wife, but the request was denied by a panel of three judges from the 5th District Court of Appeals.

Experienced Lawyer and Strong Case is no Guarantee for Winning

Robert Wolff December 19, 2014

You hire a medical malpractice attorney based on his past results, and you firmly believe that this attorney could never lose your case at trial. However, this line of thinking on your part is quite flawed. Many lawyers tell potential clients that they have sterling results in the past, and even show them a list of cases that they had won, and huge settlements that they were able to obtain for their clients.

Failure to Diagnose Cancer Early

Robert Wolff December 19, 2014

Here is a scenario where the doctor has failed to diagnose lung cancer in a timely manner. After filing a medical malpractice case, the plaintiff’s lawyer has a chance to question the doctor during a pre-trail question and answer session known as a deposition. The lawyer will try to focus on key areas by asking how the treatment would have been different if the lung cancer was diagnosed earlier in time.

Intentionally Exposing a Weakness in the Opening Argument

Robert Wolff December 19, 2014

There will be instances when your lawyer could voluntarily expose a key weakness in your medical malpractice case in his opening arguments. This may sound quite shocking to you, since you would have thought your lawyer will start building a strong foundation for your case right from the start. Willingly presenting a weakness to the jury in the opening arguments might not seem right.

Violation of Basic Standards of Medical Care

Gary Silverstein December 19, 2014

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.

Witness Lies at a Deposition or a Trial

Robert Wolff December 19, 2014

If the plaintiff’s attorney catches a witness in a lie at a medical malpractice deposition or at a trial, should he make a bid deal about it at that time or should he wait? There are different ways to address the issue of witness lying on the stand or at deposition. Several tactics and strategies are there to maximize the effect of witness lying during pretrial testimony or at the time of trial.

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