The Importance of a Treatment Plan for Claiming a Benefit for the Continuous Treatment Rule
There is a doctrine in the law known as continuous treatment rule, which extends the time a patient has in filing a medical malpractice lawsuit. This legally means, tolling the statute of limitations. In order to receive the advantage of continuous treatment, the patient has to continue the treatment for the same condition. This illustrates that if the patient is going to the doctor for some other complain or condition, the rule of continuous treatment will not apply.
The Importance of Maintaining ‘Chain of Custody’ for Your Medical Records
In criminal law, the term ‘chain of custody’ is a familiar concept and until some years back it was not a major concern for civil litigators. But with the advent of online records, the actual nature of evidence in civil litigation has undergone a sea change. From tangible paper records to electronic data, the average New York lawyer now has to change his attitude towards records used as evidence in court. And that means being hyper aware of the chain of custody (COC) and how this can affect the outcome of the trial.
When is Expert Testimony not Required in a Medical Malpractice Case
In a medical malpractice case, the victim usually has to present the testimony of a medical expert in support of the claim. The expert testimony will show the jury that there was wrongdoing by the medical practitioner, and such wrongdoing caused the injury, and the resulting injury is significant or permanent. However, in certain instances, a medical malpractice case will not need the expert testimony of a medical expert. The legal phrase for “expert testimony not required” is “Res Ipsa Loquitor”.
Surgical black box device
New York residents may benefit if the surgical tracking box ever makes it to market in the U.S. According to CNN, researchers in Canada are currently developing a device that would be analogous to the black box recorder used in the aircraft industry. However, the surgical black box will not only record errors, but it may be able to help surgeons avoid from committing errors as well. While many praise the educational component of the new tool, others have cited potential legal issues.
Almost all Types of Lawyers come Across Instances of Medical Malpractice
Unfortunately, even with the improved technology and better hospitals, medical malpractice is still a very large problem. In fact, all types of lawyers come across clients who have suffered due to medical malpractice and have to guide them to the proper lawyer who specializes in such cases. For instance, you could be a lawyer specializing in workers compensation and you might be handling a case where the employee of a construction company has sustained a crushing injury to his arm from a forklift.
Challenges in Filing a Medical Malpractice Lawsuit in New York
The organization responsible for municipal hospitals is New York City is HHC (Health and Hospitals Corporation). If there is a wrongdoing by these hospitals, the patient only has 90 days to file a notice of claim against the hospital from the date of the wrongdoing. After that, the patient has another one year and ninety days to file a lawsuit.
Medical Malpractice – Injuries at Birth and Development Issues
Many things can go wrong during childbirth. Babies can be deprived of oxygen, if the delivery is not performed in a timely fashion. There could also be an issue with the heart rate of the baby, and because nobody has detected the decreased heart rate and the baby is not delivered in time, it can result in serious brain damage that can be permanent. In view of these serious issues, it is important to detect such instances that might have occurred during childbirth.
What should You do when the Defense Shoots Down Your Settlement Claim
You may have an eligible case of personal injury or malpractice that you are suing for damages in the court. But be assured that the defense lawyers will always begin by saying that the settlement you are claiming is way too much for the defendant to pay; even if it is proved fair and square […]
Risks Involved with Laparoscopic Gynecological Surgery
Laparoscopic gynecological surgery is an advanced alternative to open surgery and it is used in many cases, for both diagnostic and surgical procedures. The use of laparoscopy takes away the need for open abdominal and vaginal surgery. Cyst removal, tubal ligation, and hysterectomy procedures can be performed easily with this method. Normally, it is quite safe and effective as well.
Suing a Doctor for Delaying Treatment
Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor’s path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.