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Is the Early Settlement of a Medical Malpractice Case Possible

Robert Wolff December 1, 2014

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.

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Defining a Prep Session for a Deposition

Gary Silverstein December 1, 2014

There is a preparation session to get you ready for your pretrial session, which is a question and answer session called a deposition. You have filed a medical malpractice lawsuit for the injuries and losses you have suffered due to the negligence of a doctor or a hospital. Before the trial begins, there is the deposition, where you will be asked questions by the defense attorney. Your lawyer will want to prepare you before you actually face this session in actuality.

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What happens when a Doctor Intentionally Causes Harm

Gary Silverstein December 1, 2014

If a doctor intentionally causes you harm in New York, then his insurance company will most likely not provide him with the coverage. Every doctor in New York is required to carry medical malpractice insurance. They do that for the key reason that if the patient suffers harm because of the doctor’s carelessness, the patient has the ability to be compensated by the doctor’s insurance company.

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While the Jury Deliberates

Gary Silverstein December 1, 2014

What should you do when the jury is deliberating? You have filed a medical malpractice lawsuit, it has gone all the way to trial, and at the end, the jury has moved on to deliberate. What do you do in the mean time? The jury could deliberate the case for a few minutes or they could take many hours or longer, for them to reach a verdict.

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Young stroke patients frequently misdiagnosed

Robert Wolff November 24, 2014

Young people in New York who suffer from a stroke are likely to be misdiagnosed when they go to the emergency room, according to a new research study conducted by the Comprehensive Stroke Center at Wayne State University. The study entitled Misdiagnosis of Acute Stroke in the Young During Initial Presentation in the Emergency Room looked at data that was collected from 57 stroke patients who ranged in age from 16 to 50 years old.

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What happens when the Jury is Deadlocked

Gary Silverstein November 23, 2014

In medical malpractice case, it is possible that the jury is unable to reach a decision or is deadlocked. In such instances, the defense lawyer will most probably want the judge to declare a mistrial, whereas the plaintiff’s lawyer will want the jury to go back and continue deliberating until they reach a verdict. In any civil case in New York, when the jury deliberates, it needs five jurors out of the six, to agree on any one of the issues, in order to reach a verdict.

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Who Pays the Expenses in a Medical Malpractice Case

Robert Wolff November 23, 2014

When an attorney accepts your medical malpractice case; who will be paying the expenses for prosecuting the case? The lawyer will be charging his fees on contingency basis, which means he will only be paid if you receive any compensation.

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Why Lawyers Try to Antagonize the Doctor in a Medical Malpractice Case

Robert Wolff November 23, 2014

While questioning the doctor at the deposition or during pre-trial testimony, the plaintiff’s lawyer will try everything to push the doctor’s buttons. There is a key strategic reason why the lawyer does this. When an injured victim brings a lawsuit seeking compensation for the harms and losses he has suffered because of the doctor’s carelessness, the victim’s lawyer will have the opportunity during the litigation process to question the doctor under oath and at the attorney’s office. This is known as the deposition or examination before trial.

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Witness not Qualified in a Medical Malpractice Case

Robert Wolff November 23, 2014

In a medical malpractice case, the defense lawyer might object that the expert witness we have called to the stand is not qualified to testify. This objection can be raised for a medical expert who is just about to testify, for whatever reason the defense lawyer believes, he is not qualified to testify.

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Juries Seem to Enjoy Show and Tell in Medical Malpractice Cases

Robert Wolff November 23, 2014

Juries seem to like show and tell for the same reason kids love it in elementary school. In school, kids are asked to bring in something to show and tell to the class. This activity is interesting, lively, and fascinating, and kids get to see something that they may have not seen previously. The kids bring in some new toy or some shiny object to class and tell what they know about it, which makes it interesting for everybody.

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