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.
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.
A gag order is usually a court order. It might be passed by the judge to remove a person from the court who is causing disturbances, or it could be for restricting prejudicial publicity that the participants in the trial are trying to give to the press. However, in a medical malpractice case, the defense attorney might ask for a gag order, as a condition to the settlement.
If the jury asks for a calculator during jury deliberations in a medical malpractice case, then does it mean it is time for the defense to try to settle your case? You have suffered harm and loss due to the negligence of a doctor and gone through the entire litigation process. Now the trial has ended, and the jury goes and starts deliberating. Now if the jury comes back and asks the court for a calculator, do you think the defense will start negotiating?
Erb’s Palsy is a condition often resulting from birth injury caused by medical malpractice. Approximately 0.1 percent of babies are born with this condition, typically caused by improper delivery procedure. This can result in the child’s neck being twisted and stretched to the side. The strain can create inhibited movement and feeling in one arm due to injury to the brachial plexus, a network of nerves near the neck.
Site had previously been closed following safety concerns A construction worker was killed recently when a concrete wall collapsed at a job site in Midtown Manhattan, according to the New York Post. The section of wall, which witnesses said looked to have weighedseveral tons, fell on the worker during excavation at the site. The construction site, which will be the home of a 22-story hotel, had previously been shut down over safety violations this summer. Additionally, the hotel’s builder has faced criticism in the pastover safety conditions at the company’s construction sites. Wall collapses Workers at the site were in the process of removing soil when the concrete slab, which belonged to a neighboring
New York residents might be aware that cancer is a disease that is characterized by abnormal cell growth. As the abnormal cells grow, they affect the functioning of normal cells and eventually take over. This results in the breakdown of normal organ function, which can ultimately lead to death depending on the area of the body affected.
There will be instances during civil litigations such as medical malpractice, wrongful death, and accident matters, where one of the parties to the case will have certain documents or evidence that they believe should be coming into evidence, or should not be coming into evidence at the time of the trial. When this happens, the concerned side will ask the judge to review the particular piece of evidence in camera or in private.
Usually in any medical malpractice case in the state of New York, the doctor who has treated the plaintiff will be called first to the witness stand to provide his testimony. When a medical malpractice lawsuit is initiated, the plaintiff’s lawyer has to prove the case by a preponderance of evidence. This means the lawyer has to establish that his client is more likely right than wrong, in what he is claiming to be true.
Suppose an important piece of evidence in your medical malpractice case has gone missing. Can this information be used at the time of trial? The answer is yes, and you can use that information of missing evidence at trial. Now, let say your case is about failure to timely diagnose and treat a fracture, and the key piece of evidence in your case are the x-rays that were taken in the orthopedics office. Once the lawsuit is initiated by you, these x-rays mysteriously disappear. So, now what happens next?
