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How much does a Lawyer Charge for a Medical Malpractice Case in New York

Once the lawyer has reviewed the medical records of the client and found that there is a valid medical malpractice case with liability, causation, and damages, the lawyer will either accept the case or refer the client to a lawyer who specializes in such cases. However, the lawyer will have to explain to the client how medical malpractice cases work, and what are its costs. Apart from the costs of fighting the case, the lawyer will be charging fees.

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Simple Cataract Surgery can be Grounds for a Medical Malpractice Case

A patient is convinced by his eye doctor to undergo cataract surgery. However during the surgery, the doctor inserts the wrong lens, and because of that the patient loses sight in that eye. The patient was experiencing some blurriness in one eye and it was not a major issue. However, the eye doctor convinced the patient that he needed cataract surgery for this issue.

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The Importance of a Treatment Plan for Claiming a Benefit for the Continuous Treatment Rule

There is a doctrine in the law known as continuous treatment rule, which extends the time a patient has in filing a medical malpractice lawsuit. This legally means, tolling the statute of limitations. In order to receive the advantage of continuous treatment, the patient has to continue the treatment for the same condition. This illustrates that if the patient is going to the doctor for some other complain or condition, the rule of continuous treatment will not apply.

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The Importance of Maintaining ‘Chain of Custody’ for Your Medical Records

In criminal law, the term ‘chain of custody’ is a familiar concept and until some years back it was not a major concern for civil litigators. But with the advent of online records, the actual nature of evidence in civil litigation has undergone a sea change. From tangible paper records to electronic data, the average New York lawyer now has to change his attitude towards records used as evidence in court. And that means being hyper aware of the chain of custody (COC) and how this can affect the outcome of the trial.

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When is Expert Testimony not Required in a Medical Malpractice Case

In a medical malpractice case, the victim usually has to present the testimony of a medical expert in support of the claim. The expert testimony will show the jury that there was wrongdoing by the medical practitioner, and such wrongdoing caused the injury, and the resulting injury is significant or permanent. However, in certain instances, a medical malpractice case will not need the expert testimony of a medical expert. The legal phrase for “expert testimony not required” is “Res Ipsa Loquitor”.

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Basics of a Medical Malpractice Case

Another name for medical malpractice is medical negligence or the carelessness of the doctor. In New York, medical malpractice is often seen as deviation from the accepted standards of medical care or violation of basic standards of quality medical care. In a valid medical malpractice case, liability, causation, and damages should be proved. In simple terms, the lawyer must show that there was wrongdoing, this wrongdoing caused injury, and such injury is significant or permanent. However, you still cannot start a medical malpractice lawsuit in New York, since the state requires a medical expert confirming each of these three elements.

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Can You File a Medical Malpractice Lawsuit after the Permitted Time is Over

In the state of New York, you can bring a case of medical malpractice against a municipal hospital within 90 days of the wrongdoing. However, what happens if these 90 days have passed and the victim wants to file a lawsuit? There are certain provisions in the law that will allow a medical malpractice victim still to file a lawsuit, but the procedure can be quite challenging and there are chances of the court not permitting the lawsuit.

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Surgical black box device

New York residents may benefit if the surgical tracking box ever makes it to market in the U.S. According to CNN, researchers in Canada are currently developing a device that would be analogous to the black box recorder used in the aircraft industry. However, the surgical black box will not only record errors, but it may be able to help surgeons avoid from committing errors as well. While many praise the educational component of the new tool, others have cited potential legal issues.

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Almost all Types of Lawyers come Across Instances of Medical Malpractice

Unfortunately, even with the improved technology and better hospitals, medical malpractice is still a very large problem. In fact, all types of lawyers come across clients who have suffered due to medical malpractice and have to guide them to the proper lawyer who specializes in such cases. For instance, you could be a lawyer specializing in workers compensation and you might be handling a case where the employee of a construction company has sustained a crushing injury to his arm from a forklift.

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