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Missing Evidence in a Medical Malpractice Case

Robert Wolff November 16, 2014

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?

Can You Change Your Attorney during a Medical Malpractice Case

Robert Wolff November 16, 2014

If you have hired an attorney to handle your medical malpractice case in New York, and you are not happy with his performance, then can you switch attorneys? The answer is yes, as you have the legal right to go to any attorney you wish, and at any time that you wish. You may have started your medical malpractice case with one lawyer and by the time the case has progressed halfway, you may not be satisfied with his performance for whatever reason, you have every right to hire another attorney, and even another attorney after that, and so on.

Can You Take Photos in the Hospital

Gary Silverstein November 16, 2014

If you think you are the victim of medical malpractice, you may often wonder why the hospital does not want you taking photos of you inside the intensive care unit. When you are in the hospital and you start taking pictures, people start asking many questions. Why do you need to take photos? Why are there so many people in here? The fact is you are documenting something, and you have every right to document exactly what is happening to you.

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.

Duces Tecum Subpoena

Robert Wolff November 10, 2014

A subpoena is generally a document that is meant for compelling someone to do a particular thing. In most cases, subpoenas are required for compelling certain people to show up at the trial, and take the witness stand. However, in medical malpractice cases, subpoena duces tecum is served. Duces tecum is a Latin phrase, and this type of subpoena compels someone or some authority to provide the copies or original medical records of a particular person.

Why Ask Hypothetical Questions in a Medical Malpractice Case

Robert Wolff November 10, 2014

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.

Ectopic Pregnancy and Medical Malpractice

Robert Wolff November 10, 2014

Ectopic means misplaced, and therefore ectopic pregnancy is a pregnancy that occurs outside the womb or uterus. In a normal pregnancy, the baby will be born within the uterus, where it grows in the course of nine months. A pregnancy that winds up going outside the uterus is potentially quite deadly. When the embryo is growing in an enclosed space, it cannot go anywhere, it will keep getting bigger, and the woman will experience various symptoms.

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