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What should You do when the Defense Shoots Down Your Settlement Claim

You may have an eligible case of personal injury or malpractice that you are suing for damages in the court. But be assured that the defense lawyers will always begin by saying that the settlement you are claiming is way too much for the defendant to pay; even if it is proved fair and square that the accident or injury was not your fault at all. So why is it that the defense is so eager to always shoot down your claim? It is important to understand here how the negotiation process for a personal injury claim settlement works. You may have a figure in

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A Minor Procedure can Damage a Person’s Life

Most medical malpractice cases are not about complicated surgical procedures, and in fact are to do with minor procedures that go horribly wrong because the doctor was unaware of the consequences of such procedure or did not have the right knowledge about the implants used in the procedure. Here is a case of a young person in New York who suffered extensive emotional and physical trauma because the doctor did not know what he was doing and failed to provide the required standard of care.

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Admitting Liability in a Medical Malpractice Case

In most medical malpractice cases, the defending doctor has failed to provide the required standard of care, which has resulted in harm to the patient. In certain cases, the liability is obvious, and the defendant’s lawyer might even recognize and agree that the doctor had clearly departed from providing good medical care. However, in most cases the doctor’s lawyer will not admit this in court and will waste time trying to prove to the court that the doctor was not responsible for the malpractice and the resulting injuries to the patient.

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Dental Malpractice – A Violation of Basic Standard of Care

A simple medical or dental procedure can go horribly wrong, when basic standard of care is violated by the doctor or dentist. Due to this, the case of the patient becomes much more complicated, and the remedial measures to correct the original mistake are not only expensive, but can also cause lot of emotional trauma and physical suffering to the patient. This is a classic case of medical malpractice, where the complications could have been avoided if the doctor had not violated basic standard of care.

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Filing for a Birth Injury Medical Malpractice Lawsuit in New York

Medical negligence at the time of birth can lead to several tragic scenarios. One of which is that your child may be born with severe brain damage due to an untimely delivery, or because the baby’s heart rate dropped below the minimum level at some point during the birth process. The resulting loss of oxygen to the fetus can cause asphyxiation, leading to a permanent brain injury.

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Risks Involved with Laparoscopic Gynecological Surgery

Laparoscopic gynecological surgery is an advanced alternative to open surgery and it is used in many cases, for both diagnostic and surgical procedures. The use of laparoscopy takes away the need for open abdominal and vaginal surgery. Cyst removal, tubal ligation, and hysterectomy procedures can be performed easily with this method. Normally, it is quite safe and effective as well.

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Suing a Doctor for Delaying Treatment

Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor’s path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.

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The Pros and Cons of Admitting Liability in a New York Medical Malpractie Lawsuit

There are many times in a personal injury or medical malpractice lawsuit in New York where the defending lawyer knows, and perhaps even admits, to his client’s fault in the events that caused the plaintiff to file a case. And yet, many defending lawyers are wary of admitting liability outright and discussing damages and compensation in court. What is it that makes defendants and their lawyers so scared of admitting guilt?

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Dealing with misdiagnosis issues

New York health care providers are among those who must contend with the implications of misdiagnosis. The issue is significant, and according to experts, solutions are slow in coming. The areas affected have remained consistent since the term and definition for misdiagnosis were coined in 2005. Diagnostic errors tend to be particularly common for cancer and cardiovascular issues as well as for infections. Some of the most common failure to diagnose issues include bowel perforation, pulmonary embolism and myocardial infarction.

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