Motion to Reargue in a Medical Malpractice Case
Robert Wolff
November 10, 2014
What is Motion to Reargue?
What is Motion to Reargue?
When a patient goes to a doctor for medical care, he has to fill out certain forms, and when he meets the doctor, he needs to narrate to the doctor his past health issues. The patient will have to be honest with the doctor and should narrate whatever has happened in the past. The patient might have suffered some type of injury due to someone’s carelessness, whether it was from a doctor’s treatment or an accident. It will form part of the medical history, and he will have to mention this to the doctor.
In a medical malpractice trial, there are certain types of questions that should never be asked while cross-examining the defense witnesses, especially the doctor.
The procedural rule of statute of limitations provides the plaintiff a certain amount of time to bring in a lawsuit from the time the incident has occurred. In case of medical practice in New York, the patient has two and half years to start the case against the negligent doctor. However, there is a doctrine in the law called the continuous treatment rule. This rule will extend the time that the patient has for filing a medical malpractice lawsuit in New York, even when the statutes of limitation has expired. Hence, this rule tolls or extends the statutes of limitations.
Sepsis in its basic definition means a massive infection in your body. The question is how it occurs, why it should matter to you, and how it could be grounds for a medical malpractice case. For instance, say you have undergone a surgical procedure, and the surgeon has inadvertently injured your bowel or colon during the surgery, and does not know about it.
When you are receiving medical care, the doctor might want to do a differential diagnosis to determine the most likely cause of your health problem. When you go to a doctor with a complaint, the doctor will ask many questions, to narrow down what the most likely cause is for your sickness.
An expectant parent in New York might be concerned about the potential for a birth injury as the time for delivery approaches. It is helpful to know how injuries such as brachial plexus occur so that these issues can be discussed with a physician in advance of the delivery. As a physician evaluates risk factors for brachial plexus, plans may be made to use safe maneuvers or a cesarean section to protect a baby from this condition.
Road safety is one of the primary concerns for lawmakers in New York, and the state has decided to use red light cameras at traffic intersections to curb traffic violations and accidents. Experts have been disputing the efficacy of these cameras; some even say that this is more of a revenue generating gimmick than an actual solution to the Big Apple’s traffic problems. Even as the debate rages it is the common man on the road who is once again put in a quandary. A Scenario Imagine this: you are driving along the road approaching an intersection, and suddenly the light turns yellow. Now, you
Slipping or tripping on a wet or slippery floor, ground, or stairs is a common occurrence and has happened to everyone at some point of their lives. It is quite normal to have something trip on a particular surface and if you trip, you can’t always hold the owner of a property responsible for it. If you aren’t looking where you are going, there is a possibility that you might be at fault. When Slip and Fall Accidents Lead to Liability Establishing whether the owner of a property is responsible for you having tripped or fallen within the premises, is a gray area. There are
Working in construction can be a very dangerous profession because of the number of things that could go wrong on the job. Construction workers perform operations involving physical labor, often with heavy machinery or at terrible heights. There are times that falling debris might injure pedestrians or bystanders. In 2012 alone in the United States, around 183,000 construction workers were injured and 775 died in construction-related accidents. But if certain parameters are adhered to construction work can be performed in a safe manner. According to personal injury law, construction safety can be upheld if unsafe actors are held accountable. If a person has suffered construction
