Misdiagnosis and medical malpractice claims
Medical malpractice in New York can have a serious impact on the lives of affected patients. Medical malpractice occurs when a patient experiences suffering as a direct result of a physician’s incompetent care. The most frequent medical malpractice cases often claim that the doctor was neglecting injuries and illnesses, prescribing incorrect medication, misdiagnosing patients or failing to tell patients certain risks and other treatments that may have prevented further harm.
Question Assumes Facts not in Evidence
Raising the Objection In a personal injury lawsuit such as medical malpractice case, accident case, or even a wrongful death case the defense attorney can jump up during the trial, yell out an objection, and provide the reason that question assumes facts not in evidence. The defense lawyer does not like the way the question […]
The Fastest Way to have Your Personal Injury Case Declared a Mistrial
Do you know the fastest way to get a mistrial in the state of New York, in a medical malpractice case, in an accident case, or even a wrongful death case? Here are some of the common ways mistrials typically happen in personal injury cases. The Judge will be Instructing the Jury At the trial’s […]
What happens when a Witness does not Show Up to Court
What happens when your witness does not show up when he is called to the stand? You might feel that such a situation is rare or unheard but it happens more often than you think, especially in personal injury cases. There can be many reasons for the witness not showing up. For instance, you could […]
What is Authorization in a Personal Injury Case
What is Authorization? Authorization is merely a piece of paper that gives somebody permission to get copies of your medical records. If you are contemplating filing a personal injury lawsuit such as a medical malpractice case or an accident case, it is pivotal to know and to comprehend this information. When you approach an attorney […]
Can a Judge Express his Opinions in a Personal Injury Trial
In a car accident case in New York that goes to trial, will the judge ever give the jury his opinion or belief, about who is entitled to compensation, and if so, how much? The Judge can never Express His Opinion The short answer is no, the judge will never inform the jury what he […]
What is a Day in the Life Video
Victim of a Catastrophic Accident In a catastrophic accident case, the injured victim has suffered severe, horrible, and disabling injuries, where he cannot care for himself. Chances are such victims are in a nursing home, in a rehabilitation facility, or maybe they are at home receiving 24-hour care. Rather than bringing the jury into their […]
Is there Ideal Time to Begin Settlement Discussions
Course of Trial is a Rollercoaster Ride Let us say, you have filed an accident case or medical malpractice case, or even a wrongful death case, and your case has now gone all the way to trial. During the course of trial, during the cross-examinations of different witnesses, your emotions are going up and down […]
Can a Doctor’s Apology be Used as Evidence
You are in a New York hospital recuperating and you feel the doctor who treated you has caused you significant harm. If this doctor now comes and apologizes to you, then does that wash his hands of any legal obligations that could involve compensation for you, for the injuries and losses you have suffered?
Can a Judge Dismiss a Case after Hearing the Opening Remarks
You have filed a medical malpractice case in New York and your lawyer has just finished making his opening remarks at the beginning of trial. The judge after hearing the opening remarks says he is dismissing your case. Can the judge dismiss your case based on the opening remarks of you lawyer, even before the defense lawyer has had a chance to make his opening remarks?