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.
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.
Just because you develop a complication after a surgical procedure, it does not necessarily mean there was wrongdoing. Many patients who develop complications after surgical procedures think that since they have developed these complications, something must have gone wrong or something must have been done wrong.
If you have been injured by the negligence of your doctor or hospital while receiving treatment, then you can file a medical malpractice lawsuit to receive compensation. You might receive compensation through a settlement or by the ruling of the jury after the trial has ended. Most people think that if they go forward with a lawsuit and they are successful in receiving the compensation, they think that amount is taxable.
The doctor has operated on the wrong side of your body, and he refuses to acknowledge the extent of your injuries. Here it is quite clear to you that the doctor violated the basic standards of care, which has resulted in significant and permanent injuries to you. You believe that the moment you bring a medical malpractice lawsuit against the doctor, he and his attorney is going to accept total responsibility and will recognize the full extent of your injuries and damages.
Everyone knows that surgical procedures have inherent risks, but many patients don’t realize that one of the major risks they face during surgery is medical negligence. Each year, 98,000 patients die as a direct result of some form of medical malpractice, according to an Institute of Medicine study.
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.
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.
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.
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.
