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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.

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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.

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How a brachial plexus injury occurs

An expectant parent in New York might be concerned about the potential for a birth injury as the time for delivery approaches. It is helpful to know how injuries such as brachial plexus occur so that these issues can be discussed with a physician in advance of the delivery. As a physician evaluates risk factors for brachial plexus, plans may be made to use safe maneuvers or a cesarean section to protect a baby from this condition.

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What does the Emergency Doctrine in a Car Accident Refer To?

Road safety is one of the primary concerns for lawmakers in New York, and the state has decided to use red light cameras at traffic intersections to curb traffic violations and accidents. Experts have been disputing the efficacy of these cameras; some even say that this is more of a revenue generating gimmick than an actual solution to the Big Apple’s traffic problems. Even as the debate rages it is the common man on the road who is once again put in a quandary. A Scenario Imagine this: you are driving along the road approaching an intersection, and suddenly the light turns yellow. Now, you

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When do Slip and Fall Accidents become a Personal Injury Case?

Slipping or tripping on a wet or slippery floor, ground, or stairs is a common occurrence and has happened to everyone at some point of their lives. It is quite normal to have something trip on a particular surface and if you trip, you can’t always hold the owner of a property responsible for it. If you aren’t looking where you are going, there is a possibility that you might be at fault. When Slip and Fall Accidents Lead to Liability Establishing whether the owner of a property is responsible for you having tripped or fallen within the premises, is a gray area. There are

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Vital Information Pertaining to Construction Accidents & Injury Claims

Working in construction can be a very dangerous profession because of the number of things that could go wrong on the job. Construction workers perform operations involving physical labor, often with heavy machinery or at terrible heights. There are times that falling debris might injure pedestrians or bystanders. In 2012 alone in the United States, around 183,000 construction workers were injured and 775 died in construction-related accidents. But if certain parameters are adhered to construction work can be performed in a safe manner. According to personal injury law, construction safety can be upheld if unsafe actors are held accountable. If a person has suffered construction

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How the Right Medical Treatment can Increase the Settlement Value of a Personal Injury Claim

Medical special damages are a key component of most personal injury claims. This refers to the amount that has been spent on medical bills while having injuries diagnosed and treated. Adjusters use medical specials as part of the personal injury damages formula to figure out total damages. This formula depends on many key factors, such as the type of medical treatment received, as well as who the medical care was received by. Types of Medical Treatment Not all medical services are considered equal, according to insurance adjusters. The duration and nature of medical service, as well as the type of facility or medical person providing

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Reasons to Consider Settling Your Personal Injury Lawsuit Out of Court

Many personal injury lawsuits are settled out of court since there are many advantages and benefits to this. Here are some reasons why you should consider settling your personal injury lawsuit out of court. Trials can be Expensive, but a Settlement may not Be Usually, the person who is injured in a personal injury lawsuit has a contingency fee arrangement with their lawyer who will receive 33% of a pre-trial settlement and 40% of the amount that is received once a trial begins. A defendant hires a lawyer who they have to pay on an hourly rate. This means that a time-intensive trial can be

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What Happens When the Defendant is a No Show in a Trial in New York

This is a true story. A woman was walking down the intersection of 23rd Avenue and 1st Avenue when she was hit by a truck. A lawsuit was brought against the truck driver, the company that owned the truck – a construction company at that – and the lawsuit went to trial. At the trial, the plaintiff’s lawyers wanted to question that truck driver about how he could miss the huge signs screaming road safety erected on the busy crosswalk where the accident happen. As luck would have it, the truck driver had bailed on the court and ran for his life (or freedom or

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Pedestrian Accident – What to do if You are Hit by a Car While Walking?

Car accidents take place when a vehicle collides into another one. But there are times that a person is walking on the street and they are hit by a car, which is termed as pedestrian accident. If you have been a victim of a pedestrian car accident, you may have certain legal rights and might be liable to file a personal injury lawsuit to receive financial compensation. Here are a few things you need to do if you have been the victim of a pedestrian car accident. Determining who was at fault Usually people assume that the driver of a vehicle would be at fault

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