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Can the Doctors School Grades be Subpoenaed

Robert Wolff December 1, 2014

When you have filed a medical malpractice case in New York, is it possible to subpoena the medical school grades of the doctor you are suing, to show that he was not a solid or respectable student? One of the aspects your lawyer will want to find out is how the doctor in question, did in medical school. You might think that if we are able to show to the jury that he was a pitiful student, then it would be easy to establish that he did not know what he was doing while treating you.

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Using a Transcript at a Medical Malpractice Trial

Robert Wolff December 1, 2014

A transcript is nothing more than a booklet containing questions and answers given under oath. Typically, this information is gathered in pretrial testimony, which is a question and answer session called a deposition. This transcript can be quite powerful weapon during the trial.

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Can Witnesses be Taken Out of Order

Gary Silverstein December 1, 2014

Usually in a medical malpractice trial, witnesses are presented in a certain order. However, witnesses can be taken out of order as well, and for doing that, permission has to be issued from the court.

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Young stroke patients frequently misdiagnosed

Robert Wolff November 24, 2014

Young people in New York who suffer from a stroke are likely to be misdiagnosed when they go to the emergency room, according to a new research study conducted by the Comprehensive Stroke Center at Wayne State University. The study entitled Misdiagnosis of Acute Stroke in the Young During Initial Presentation in the Emergency Room looked at data that was collected from 57 stroke patients who ranged in age from 16 to 50 years old.

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What does it mean when a Jury Asks for a Calculator in a Medical Malpractice Case

Robert Wolff November 23, 2014

If the jury asks for a calculator during jury deliberations in a medical malpractice case, then does it mean it is time for the defense to try to settle your case? You have suffered harm and loss due to the negligence of a doctor and gone through the entire litigation process. Now the trial has ended, and the jury goes and starts deliberating. Now if the jury comes back and asks the court for a calculator, do you think the defense will start negotiating?

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What happens when an Expert Witness Lies about Payment

Gary Silverstein November 23, 2014

A lie told by the expert witness on the stand can change the whole course of the case. In a medical malpractice case, the defense attorney puts an expert witness on the stand. This witness is an orthopedic doctor, who is brought in to testify on behalf of the defense. During the questioning, the defense lawyer asks the orthopedist whether he is being paid to come and give his expert testimony.

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What happens when the Doctor does not Release Your Records in a Medical Malpractice Case

Robert Wolff November 23, 2014

When you are injured due to the negligence of your doctor, you may have a valid basis for a medical malpractice case. However, what do you do, if the doctor is refusing to release your medical records? You have the right to take copies of your medical records from any doctor, you have been consulting in the state of New York. In order to get the records, you have to write the doctor a permission slip, which simply asks for the copy of the records.

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What happens when the Jury is Deadlocked

Gary Silverstein November 23, 2014

In medical malpractice case, it is possible that the jury is unable to reach a decision or is deadlocked. In such instances, the defense lawyer will most probably want the judge to declare a mistrial, whereas the plaintiff’s lawyer will want the jury to go back and continue deliberating until they reach a verdict. In any civil case in New York, when the jury deliberates, it needs five jurors out of the six, to agree on any one of the issues, in order to reach a verdict.

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Who Pays the Expenses in a Medical Malpractice Case

Robert Wolff November 23, 2014

When an attorney accepts your medical malpractice case; who will be paying the expenses for prosecuting the case? The lawyer will be charging his fees on contingency basis, which means he will only be paid if you receive any compensation.

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Why Lawyers Try to Antagonize the Doctor in a Medical Malpractice Case

Robert Wolff November 23, 2014

While questioning the doctor at the deposition or during pre-trial testimony, the plaintiff’s lawyer will try everything to push the doctor’s buttons. There is a key strategic reason why the lawyer does this. When an injured victim brings a lawsuit seeking compensation for the harms and losses he has suffered because of the doctor’s carelessness, the victim’s lawyer will have the opportunity during the litigation process to question the doctor under oath and at the attorney’s office. This is known as the deposition or examination before trial.

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