FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

blogs

Medical Literature in Support or Against the Doctor’s Position

In a medical malpractice trial, the plaintiff’s lawyer will have the opportunity to question the doctor, who is being sued. Many questions can be asked surrounding the incident, at the deposition, or at the examination before trial, and during the trail as well. However, there are certain restrictions to the type of questions that can be asked during the deposition, and the defense lawyer can object to inappropriate questions.

Read More Β»

The Importance of Past Medical History in a Medical Malpractice Case

When a patient goes to a doctor for medical care, he has to fill out certain forms, and when he meets the doctor, he needs to narrate to the doctor his past health issues. The patient will have to be honest with the doctor and should narrate whatever has happened in the past. The patient might have suffered some type of injury due to someone’s carelessness, whether it was from a doctor’s treatment or an accident. It will form part of the medical history, and he will have to mention this to the doctor.

Read More Β»

What happens When a Doctor Alters Someone’s Medical Records

In a medical malpractice case, the plaintiff’s attorney receives the opportunity to ask questions to the doctor regarding the incident, at the deposition. This question and answer session takes place in an attorney’s office, under oath, and whatever is said during the deposition can be presented as evidence during the trial. Before the deposition, the plaintiff’s attorney reviews the case file and medical records of the patient.

Read More Β»

Why Ask Hypothetical Questions in a Medical Malpractice Case

When a medical expert takes the stand, either for supporting the victim or defense’s position, the two lawyers have the chance to ask the witness several questions. One of the important questions would be asking the doctor, his opinion, and conclusions he has reached after reviewing the medical records of the patient. The defense attorney will ask similar questions. The question is why the attorneys would do that.

Read More Β»

Continuous Treatment Rule in Medical Malpractice Cases

The procedural rule of statute of limitations provides the plaintiff a certain amount of time to bring in a lawsuit from the time the incident has occurred. In case of medical practice in New York, the patient has two and half years to start the case against the negligent doctor. However, there is a doctrine in the law called the continuous treatment rule. This rule will extend the time that the patient has for filing a medical malpractice lawsuit in New York, even when the statutes of limitation has expired. Hence, this rule tolls or extends the statutes of limitations.

Read More Β»

Contracting Sepsis and a Possible Lawsuit

Sepsis in its basic definition means a massive infection in your body. The question is how it occurs, why it should matter to you, and how it could be grounds for a medical malpractice case. For instance, say you have undergone a surgical procedure, and the surgeon has inadvertently injured your bowel or colon during the surgery, and does not know about it.

Read More Β»

Differential Diagnosis and Medical Malpractice

When you are receiving medical care, the doctor might want to do a differential diagnosis to determine the most likely cause of your health problem. When you go to a doctor with a complaint, the doctor will ask many questions, to narrow down what the most likely cause is for your sickness.

Read More Β»

Do Juries Like Doctors and Hospitals

When you bring a claim against a hospital or a doctor in the state of New York, the medical malpractice case will be tried in court and a jury will ultimately decide on the case. Did you know that juries generally like doctors? Many lawyers refer to this, as the elephant in the room. Lawyers discuss it with their clients, and it is discussed with juries as well. Attorneys should definitely broach this subject, and it should not be kept hidden.

Read More Β»
NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee