Premature separation of the placenta, also known as placental abruption occurs when the placenta either partially or fully separates from the uterus prior to the baby’s birth. There are few direct causes, and they include injury to the abdomen or a sudden loss of a large quantity of uterine fluid, such as occurs after the birth of the first twin in a multiple birth.
Sometimes an aggressive line of cross-examination by the plaintiff’s attorney could backfire in a medical malpractice case. At trial, when the lawyer is cross-examining the doctor or a medical expert of the defense aggressively, it might backfire and harm the case if the lawyer is considering to be badgering the witness. However, if the doctor is combative, repeatedly refuses to answer the questions in simple yes or no, and fights with the attorney for every little word and semantics, then an aggressive cross-examination may not backfire.
In a medical malpractice trial, the plaintiff’s attorney has the opportunity of questioning and cross-examining the defense’s medical expert. However, he makes the critical mistake of asking, “Doctor tell us why?” This gives the doctor opportunity to provide an elaborate explanation.
The deposition is a question and answer session under oath that takes place before the trial. When you have filed a medical malpractice lawsuit, you lawyer will have the opportunity at this session to ask a number of questions to the doctor, to find out more details about the case. The main information the lawyer will try to find out is:
Did you know that when you bring a medical malpractice lawsuit, you have the right to have your case heard by the judge, and render a decision by the judge, as opposed to having a jury rendered decision? Even when this is allowed, most injured victims in New York prefer to have their case heard by a jury.
You must have watched cross-examination of witnesses in a trial, in many popular TV series. However, there are specific strategies in cross-examining a witness in medical malpractice cases. Two key elements of a successful cross-examination are preparation, and keeping the witness on a very short leash.
Is it possible for the plaintiff’s lawyer to refresh the memory of his client on the witness stand, from the testimony he has provided at deposition? For instance, the client is on the witness stand, and his lawyer wants him to explain to the jury, when he last saw the doctor. The client is not sure, and he says that maybe he saw the doctor in October or November.
Just because you develop a complication after a surgical procedure, it does not necessarily mean there was wrongdoing. Many patients who develop complications after surgical procedures think that since they have developed these complications, something must have gone wrong or something must have been done wrong.
The doctor has operated on the wrong side of your body, and he refuses to acknowledge the extent of your injuries. Here it is quite clear to you that the doctor violated the basic standards of care, which has resulted in significant and permanent injuries to you. You believe that the moment you bring a medical malpractice lawsuit against the doctor, he and his attorney is going to accept total responsibility and will recognize the full extent of your injuries and damages.
Once you have settled your accident or medical malpractice case, you will want to know when you will be getting your settlement check. All victims will have this question in mind when they settle their case. They would want to receive the check as quickly as possible.
