Does the Defense Give up When the First Medical Expert Thinks the Case is Indefensible
In a medical malpractice case, the defense hires a medical expert, and this expert gives a negative review, meaning there is liability and responsibility. Then in such a situation will the defense give up?
Importance of Patient Safety Rules
What is the Purpose of having Patient Safety Rules?
Including a Doctor’s Chart into Evidence
When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.
Judgment Call is the Most Common Defense of a Doctor
One of the most common defenses that doctors and their attorneys use in medical malpractice cases is the judgment call defense. When you bring a lawsuit against a doctor, claiming he did something wrong, the doctor could say at trial that it was his medical judgment to treat this patient in the way he was treated.
Lack of Informed Consent in a Medical Malpractice Case
When your doctor does not tell you that you could suffer a complication that you are suffering now after going through the medical procedure, then would that be a valid basis for filing a medical malpractice case. The answer is maybe. Lack of informed consent means failure on the part of the doctor to provide sufficient information, so that the patient can take an educated decision. However, in most instances, lack of informed consent cannot be the only basis for filing a lawsuit.
Types of Damages and Liens in a Medical Malpractice Case
What type of damages can you claim by filing a medical malpractice lawsuit?
Bicycle Accident Cases are sometimes Challenging
A woman carelessly opens the door of her car in the street, which causes a bicyclist to ram right into the door, fly over the handlebars, and land in the street. Cyclist Crashes onto the Street The cyclist had just finished a twelve-mile ride and was heading back home. The woman had just parked into […]
Can a lawyer call the defense lawyer a liar?
During closing arguments, can a lawyer turn around in front of the jury, and call the opposing lawyer, a liar? A Lawyer cannot Call the Opposing Lawyer a Liar The plaintiff’s lawyer says its black, the defense will say white, one side says yes and the opposing side says no. For, everything claimed by the […]
The Top Aspect for the Jury to Evaluate in a Personal Injury Case
What is the most important thing for a New York jury to evaluate in a civil case such as an accident, medical malpractice, or even a wrongful death trial? Credibility is Crucial What is the main focal point that a jury will evaluate, while deciding who is more likely right than wrong, and what the […]
How is Pain and Suffering Established in a Personal Injury Case
Restrictions in Explaining Pain and Suffering In a personal injury case, how do you explain to the jury, the pain, and suffering of the victim? The answer is simple, the attorney must put the jury into the shoes of the injured victim. Only then, people can truly understand the type of pain and suffering the […]