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Wrong-site surgery avoidable via simple precautions

Despite advances in medical technology and an ever-increasing understanding of the failures that lead to medical malpractice, avoidable medical errors continue to occur at an alarming rate in New York hospitals and those nationwide. Due to ignorance or disregard of well-established safeguards, surgeons still perform surgical procedures on the wrong parts of the patients’ bodies.

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What is the Objection When the Lawyer Says it is Privileged

During the course of a medical malpractice or accident case trial, several objections are raised by both lawyers. The lawyer raising the objection will have to give a reason for the objection, and the judge will have to make an on the spot decision about it. If the judge feels the objection is appropriate, he will rule, “objection sustained”, and if he feels the objections is improper, he will say, “objection overruled”.

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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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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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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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