New York medical malpractice attorney explains how an ER doctor accidentally tied off a nerve when treating a laceration on an arm to save a patient causing him permanent injury.
According to a study done by the Journal of Patient Safety, as many as 440,000 patients may die each year due to hospital medical errors. If the figure is accurate, it would represent a significant increase when compared to earlier studies. In 1999, a notable study conducted by the Institute of Medicine found that 98,000 people allegedly die each year due to hospital errors.
New York residents may be interested in a story involving at least 40 patients who were given the wrong intravenous fluid in the U.S. Officials said on Jan. 14 that the patients received an intravenous fluid intended for simulation purposes only. The unsterilized fluid is commonly used to help train nurses and others who practice administering the saline to a high-tech mannequin. Although one person died from the simulated product, it is not clear if the death was directly caused by the substance.
The Procedure for Presenting Something in Evidence At trial before a lawyer offers something into evidence, he may want to show that piece of evidence to a witness. This piece of evidence could be a document or an object; however, the lawyer cannot simply walk up to the witness and ask him to have a look. The lawyer has to firstly indicate what the piece of evidence is, and tell the court reporter what it is. This is done because if the case every goes to appeal, the incident of the lawyer asking the witness to look at a particular thing, will be recorded, and
You want to settle this accident case lawsuit, and you feel that you if you accept the first offer directed towards you, you can avoid the hassle and expense of going to trial. However, there are certain risks in accepting an early settlement offer. Why does Defense Make an Early Settlement Offer If you are lucky enough to receive an early settlement offer then it could mean one of two things. First, the defense might have recognized that they are going to have a problem proving or defending their case, or second, they feel there is a possibility of getting out of the case for
When you are involved in a personal injury trial, and after you have finished running through all of your witnesses and all your evidence at trial, it is possible for the defense lawyer to inform the judge that he moves to dismiss this case, even before they put up a single witness. Move to Dismiss the Case This is possible in an accident case, medical malpractice, or wrongful death case. When you are done putting up all the witnesses to prove your case and to show that you are more likely right than wrong, the judge will then turn to the defense counsel and will
Proving Liability In a catastrophic car accident in New York, how do we prove liability? Liability means the other driver is responsible for your accident. To prove liability, your lawyer will have to show the jury a number of things. First, your lawyer will have to establish that you are more likely right than wrong, and what you are saying is true. The legal term for this is preponderance of evidence. However, the main thing to show to the jury is that you are more likely right than wrong, and that is done by using various tactics and presenting different types of evidence. For instance,
When you are undergoing treatment in hospital, you feel that the doctor or the hospital staff has done something wrong to cause you significant harm. However, you are not sure because the doctor and the hospital staff are not being honest with you. What can you do to learn the truth?
The plaintiff’s lawyer is questioning a witness in a medical malpractice case, and the judge stops the lawyer, and takes over the questioning of the witness. In such an instance, what can the lawyer do if the judge takes over questioning when he is the middle of cross-examining a witness?
After settlement negotiations break down, your medical malpractice case will go to trial. Usually, the doctor or hospital you are suing is protected by some sort of insurance, and you might want to know if the insurance company representatives or supervisor will come to court, and listen to what is going on in the trial.
