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Do You have to Pay Tax on Your Settlement Amount

Robert Wolff December 10, 2014

If you have been injured by the negligence of your doctor or hospital while receiving treatment, then you can file a medical malpractice lawsuit to receive compensation. You might receive compensation through a settlement or by the ruling of the jury after the trial has ended. Most people think that if they go forward with a lawsuit and they are successful in receiving the compensation, they think that amount is taxable.

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Why are TV Ads of Lawyers Unreliable

Robert Wolff December 10, 2014

Many attorneys put commercials on TV to market their services and their firm’s capabilities. However, can you depend on the content of these ads to make a decision about which lawyer to choose? The answer is definitely not, because these commercials do not give any useful information. All these TV commercials about attorneys advertising say the same thing. They all say that if you have been injured, you should call me, as we have been in this business for a long time. However, these ads fail to tell you why you should choose them, or why they are different from any other lawyers.

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Why the Judge Wants the Two Lawyers to Agree on Certain Facts

Robert Wolff December 10, 2014

Did you know that before a medical malpractice trial can actually start the judge would want the two lawyers to stipulate to a set of facts that are already agreed to? In every single case, a certain set of facts are clearly agreed to. For instance, in a medical malpractice case, the two sides will agree when the incident in question took place, where it took place, and so on. Hence, there are certain facts that are clearly agreed to and stipulated.

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Will Aggressive Cross Examination Work Every Time

Robert Wolff December 10, 2014

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.

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Representing surgical malpractice claims in New York

Gary Silverstein December 4, 2014

Everyone knows that surgical procedures have inherent risks, but many patients don’t realize that one of the major risks they face during surgery is medical negligence. Each year, 98,000 patients die as a direct result of some form of medical malpractice, according to an Institute of Medicine study.

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Is it Possible to Correct Testimony Given at a Deposition

Robert Wolff December 1, 2014

In a medical malpractice case, there is a question and answer session held under oath before the trial. This session is called a deposition or an examination before trial, and everything is recorded by a court clerk. Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.

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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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Non-Party Witness Deposition

Robert Wolff December 1, 2014

A deposition is a question and answer session that takes place under oath, before the trial. It is also called an examination before the trial, where both parties to the case are asked questions by the opposing lawyers. However, there could be a non-party witness deposition as well, in a medical malpractice or accident case. A non-party witness is one who is not part of the lawsuit.

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Objections Raised During a Deposition

Robert Wolff December 1, 2014

In a medical malpractice case there could be instances where one of the defense attorneys could start screaming and yelling at the plaintiff’s lawyer during deposition. For instance, the plaintiff’s lawyer was taking pretrial testimony of an obstetrician in a medical malpractice case involving failure to deliver a baby in a timely manner, which caused significant injuries to the precious baby.

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