What is a peremptory challenge in a civil lawsuit in New York, involving a personal injury case?
In a medical malpractice case, the defense attorney strongly denies that his client has done anything wrong, until the plaintiff's lawyer finishes questioning the doctor at pre trial testimony. In this case, the plaintiff has suffered significant injury following a colonoscopy procedure.
In a medical malpractice case, there is a question and answer session held under oath before the trial. This session is called a deposition or an examination before trial, and everything is recorded by a court clerk. Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.
A subpoena is generally a document that is meant for compelling someone to do a particular thing. In most cases, subpoenas are required for compelling certain people to show up at the trial, and take the witness stand. However, in medical malpractice cases, subpoena duces tecum is served. Duces tecum is a Latin phrase, and this type of subpoena compels someone or some authority to provide the copies or original medical records of a particular person.
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.