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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.

What causes placenta abruptio?

Robert Wolff December 12, 2014

Premature separation of the placenta, also known as placental abruption occurs when the placenta either partially or fully separates from the uterus prior to the baby’s birth. There are few direct causes, and they include injury to the abdomen or a sudden loss of a large quantity of uterine fluid, such as occurs after the birth of the first twin in a multiple birth.

Some of the Best Cross Examination Strategies

Robert Wolff December 10, 2014

You must have watched cross-examination of witnesses in a trial, in many popular TV series. However, there are specific strategies in cross-examining a witness in medical malpractice cases. Two key elements of a successful cross-examination are preparation, and keeping the witness on a very short leash.

When can You Expect Your Settlement Check

Robert Wolff December 10, 2014

Once you have settled your accident or medical malpractice case, you will want to know when you will be getting your settlement check. All victims will have this question in mind when they settle their case. They would want to receive the check as quickly as possible.

Why are TV Ads of Lawyers Unreliable

Robert Wolff December 10, 2014

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

Robert Wolff December 10, 2014

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

Robert Wolff December 10, 2014

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.

Bench Trial or Jury Trial for a Medical Malpractice Case

Robert Wolff December 10, 2014

Did you know that when you bring a medical malpractice lawsuit, you have the right to have your case heard by the judge, and render a decision by the judge, as opposed to having a jury rendered decision? Even when this is allowed, most injured victims in New York prefer to have their case heard by a jury.

Can a lawyer refresh his client’s memory on the witness stand?

Robert Wolff December 10, 2014

Is it possible for the plaintiff’s lawyer to refresh the memory of his client on the witness stand, from the testimony he has provided at deposition? For instance, the client is on the witness stand, and his lawyer wants him to explain to the jury, when he last saw the doctor. The client is not sure, and he says that maybe he saw the doctor in October or November.

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