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Can You Present a Rebuttal Expert Witness in a Medical Malpractice Case

In a medical malpractice case, the victim will be first allowed to present expert witnesses in support of the claim, and after that, the defense will have the chance to present their expert witnesses to refute the claim. This is the usual way, medical malpractice case proceeds at trial, and the defense’s expert witnesses get to have the final say. However, does the victim have a right to present a rebuttal witness to counter the points made by the defense’s expert witness? This is allowed only in certain instances.

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Can You Bring a Medical Malpractice Case for Laparoscopic Gyn Surgery

Laparoscopic surgery is considered safe, since it is minimally invasive procedure compared to normal surgery. Doctors use fiber optic tools and perform the surgery through very small incision/s, whereas in ordinary surgery the incisions will be huge. However, there are still many risks involved in laparoscopic gyn surgery and you can initiate a medical malpractice lawsuit, if you feel the surgeon did not provide the expected level of medical care.

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Death of comedienne leads state to investigate facility

The passing of celebrity Joan Rivers has caused the New York State Department of Health to investigate Yorkville Endoscopy. Joan was at the clinic to undergo a routine procedure on her vocal cords. During the procedure, she unexpectedly stopped breathing and later experienced cardiac arrest. Personnel were able to revive her before transporting her to a hospital where she was intentionally placed into a temporary coma. Joan was moved to private room where she was comfortable until finally passing away.

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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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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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Cause of Death in a Wrongful Death Case

In a wrongful death case, the main thing the jury will want to know is what caused the death of the person. A pathologist is usually called to provide this information. A pathologist is an expert doctor who specializes in understanding the cause of death of a person. The pathologist will perform an autopsy, which is a clinical examination of the individual’s body. When the autopsy is undertaken and done, the main purpose would be to evaluate and find out why the person died.

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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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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 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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