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In Camera Review by a Judge in a Medical Malpractice Case

Robert Wolff November 16, 2014

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.

Why the Doctor is Called Upon First in a Medical Malpractice Case

Robert Wolff November 16, 2014

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.

Medical Literature in Support or Against the Doctor’s Position

Gary Silverstein November 10, 2014

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.

Motion to Reargue in a Medical Malpractice Case

Robert Wolff November 10, 2014

What is Motion to Reargue?

The Importance of Past Medical History in a Medical Malpractice Case

Robert Wolff November 10, 2014

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.

Types of Questions that should not be Asked at a Medical Malpractice Trial

Robert Wolff November 10, 2014

In a medical malpractice trial, there are certain types of questions that should never be asked while cross-examining the defense witnesses, especially the doctor.

Continuous Treatment Rule in Medical Malpractice Cases

Robert Wolff November 10, 2014

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.

Contracting Sepsis and a Possible Lawsuit

Gary Silverstein November 10, 2014

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.

Differential Diagnosis and Medical Malpractice

Robert Wolff November 10, 2014

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.

Do Juries Like Doctors and Hospitals

Gary Silverstein November 10, 2014

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.

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