Complication as a Defense in a Medical Malpractice Case
A patient suffers serious injuries when a surgery becomes a catastrophe. The doctor on the other hand, argues in his defense that he has never encountered a complication like this before, and therefore he should not be held accountable for it happening in this instance. Can the patient’s lawyer object to this during the trial? Can the plaintiff’s lawyer prevent the doctor from telling this to the jury?
Knowing the Costs of a Trial
When you have filed a personal injury case, and your doctor agrees to come and testify on your behalf at trial, do you have to pay him? The answer is yes, you will have to pay your doctor to come in and testify. It would be sort of selfish to assume they will spend a day or two in court and not receive some type of financial compensation.
Most Common Defenses in Medical Malpractice Cases
Judgment Call a Common Defense
Should a Lawyer Give a One Hour Opening Argument
In your medical malpractice trial in New York, where there are many details and facts that the jury needs to know and consider, should your lawyer give a two-hour opening argument at the beginning of the trial?
Will a Juror who has Suffered the same Injuries as the Victim be Automatically Disqualified
You have suffered a significant fracture of the femur in an accident, which is the biggest bone in the body, and you have filed a personal injury case to claim compensation. Your case has come all the way to trial, and now during jury selection, one of the jurors tells your lawyer that he has suffered the same type of fracture, but his injuries were not permanent.
Will the Defense get to See Your Diary, if You have one, in a Medical Malpractice Lawsuit
Some people like to keep a diary, a log, or a journal, and they note down their innermost or private thoughts in it. They write things that motivate them or things that are troubling them that nobody else sees. Now, suppose you keep such a diary, and during the course of your medical malpractice lawsuit, you windup recording details about your injuries and how they have affected you.
Troubled Bridges Raise Risks
Anyone looking at the issue of large vehicle accidents in New York City also has to look at the issue of maintaining the infrastructure that new vehicles use to get around the metro area. There are many different categories of bus accidents and large vehicle accidents. Some of them have to do with simple things […]
COPD guidelines can lead to misdiagnoses
Chronic obstructive pulmonary disease is a major leading cause of death in New York and around the world. Approximately 27 million people suffer from COPD in the United States alone, with an estimated 210 million afflicted with it worldwide. Symptoms include breathing difficulty due to airway obstruction, shortness of breath and frequent coughing. Smoking is a leading cause of the disease.
Keeping Commuters Safe While Encouraging MTA Ridership
New York City officials are promoting their mass transit systems in a big way. With recent years seeing record numbers for subway ridership, the local Metropolitan Transportation Authority is feeling confident in the services they provide to a busy city. Resources like this one from DNAinfo show ridership of over 1.75 billion in 2014 and […]
The Judge cannot tell the Jury What Your Case is Worth
Can a Judge Express his Opinion to the Jury about What Your Case is Worth
If your personal injury case goes all the way to trial, whether it is a car accident case, medical malpractice case, or even a wrongful death case, does the judge tell the jury at the end of the trial, how much he believes you are entitled to receive as part of your damages and claims you are making?
The answer is no, the judge will never ever give his opinion to the jury, about what he believes what the jury should do. The judge cannot tell the jury what your case is worth because it is not the judge’s function to tell the jury what he believes or insinuate what he thinks the victim should receive. The jury has to determine this on their own by adhering to the facts of the case.