What happens When a Judge takes Over the Questioning of a Witness
The plaintiff’s lawyer is questioning a witness in a medical malpractice case, and the judge stops the lawyer, and takes over the questioning of the witness. In such an instance, what can the lawyer do if the judge takes over questioning when he is the middle of cross-examining a witness?
Why do Insurance Company Representatives Attend Trials
After settlement negotiations break down, your medical malpractice case will go to trial. Usually, the doctor or hospital you are suing is protected by some sort of insurance, and you might want to know if the insurance company representatives or supervisor will come to court, and listen to what is going on in the trial.
When assisted delivery with forceps may be necessary
Many New York mothers experience complications when delivering their babies that require doctors to help the process along with the use of forceps. This is an accepted practice that can help avert life-threatening birth emergencies. Babies generally suffer minimal side effects, if any, of the procedure. However, some babies suffer serious injuries when being delivered with the use of forceps. This is more likely when doctors fail to prepare for certain emergencies even when mothers display risk factors for complications.
Should Your Attorney Inform You about a Settlement Offer
If a settlement offer is made in an accident case, wrongful death, or medical malpractice case, does your attorney have to inform you about the settlement offer. The answer is yes, your lawyer has to tell you about the settlement offer. Your Attorney is Legally Obliged to Inform You About a Settlement Offer Your attorney […]
Can the Defense Use a Surveillance Video of You Engaging in Activities during the Trial
Deposition Testimony When you have filed a personal injury case and you are claiming compensation for your injuries, the defense will want to capture you on video, on surveillance video, to show to the jury that you can do things that you claimed during your deposition under sworn testimony that you could not do. For […]
Five Major Mistakes that can Destroy Your Accident Case
#1 Mistake – Your Lawyer Refers You to a Doctor There is nothing inherently wrong with this, but there is a problem. You as a client may not have realized that your lawyer has referred many of his other clients to this particular doctor. Therefore, the defense lawyers and judges would have seen this doctor many […]
What should You do with Your Personal Accident Settlement
You have just settled your accident case, and now your friends or relatives are asking you for a loan. Your friends are going to know at some point that you have resolved your case by settlement, verdict, or judgment. Invariably, when people know you have received a fair amount of money, they will ask you […]
Should You File a Complaint with Department of Health while Starting a Medical Malpractice Case
You have suffered injuries because of your doctor’s or hospital’s carelessness and you are contemplating bringing a medical malpractice lawsuit. However, at the same time you are also considering filing a claim with the New York State Department of Health. Can this help you with your medical malpractice case?
Vicarious Liability in a Medical Malpractice Case
When you bring a lawsuit against a doctor for medical malpractice in the state of New York, you always have to incorporate their medical group as well. This is because of vicarious liability, which in its most basic and simplistic form means, the employer is responsible for the acts of his or her employee.
What happens when the Defense Refuses to Comply with the Judge’s Order
In your medical malpractice case, the judge orders the defense to turn over their medical records, but they refuse to comply with this court’s order. Is there a penalty for the defense refusing the judge’s order and complying with it?