Experienced Lawyer and Strong Case is no Guarantee for Winning
You hire a medical malpractice attorney based on his past results, and you firmly believe that this attorney could never lose your case at trial. However, this line of thinking on your part is quite flawed. Many lawyers tell potential clients that they have sterling results in the past, and even show them a list of cases that they had won, and huge settlements that they were able to obtain for their clients.
Do You have to Pay Tax on Your Settlement Amount
If you have been injured by the negligence of your doctor or hospital while receiving treatment, then you can file a medical malpractice lawsuit to receive compensation. You might receive compensation through a settlement or by the ruling of the jury after the trial has ended. Most people think that if they go forward with a lawsuit and they are successful in receiving the compensation, they think that amount is taxable.
Why are TV Ads of Lawyers Unreliable
Many attorneys put commercials on TV to market their services and their firm’s capabilities. However, can you depend on the content of these ads to make a decision about which lawyer to choose? The answer is definitely not, because these commercials do not give any useful information. All these TV commercials about attorneys advertising say the same thing. They all say that if you have been injured, you should call me, as we have been in this business for a long time. However, these ads fail to tell you why you should choose them, or why they are different from any other lawyers.
Why the Judge Wants the Two Lawyers to Agree on Certain Facts
Did you know that before a medical malpractice trial can actually start the judge would want the two lawyers to stipulate to a set of facts that are already agreed to? In every single case, a certain set of facts are clearly agreed to. For instance, in a medical malpractice case, the two sides will agree when the incident in question took place, where it took place, and so on. Hence, there are certain facts that are clearly agreed to and stipulated.
Can Witnesses be Taken Out of Order
Usually in a medical malpractice trial, witnesses are presented in a certain order. However, witnesses can be taken out of order as well, and for doing that, permission has to be issued from the court.
Is it Possible to Correct Testimony Given at a Deposition
In a medical malpractice case, there is a question and answer session held under oath before the trial. This session is called a deposition or an examination before trial, and everything is recorded by a court clerk. Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.
What does it mean when a Jury Asks for a Calculator in a Medical Malpractice Case
If the jury asks for a calculator during jury deliberations in a medical malpractice case, then does it mean it is time for the defense to try to settle your case? You have suffered harm and loss due to the negligence of a doctor and gone through the entire litigation process. Now the trial has ended, and the jury goes and starts deliberating. Now if the jury comes back and asks the court for a calculator, do you think the defense will start negotiating?
What happens when the Jury is Deadlocked
In medical malpractice case, it is possible that the jury is unable to reach a decision or is deadlocked. In such instances, the defense lawyer will most probably want the judge to declare a mistrial, whereas the plaintiff’s lawyer will want the jury to go back and continue deliberating until they reach a verdict. In any civil case in New York, when the jury deliberates, it needs five jurors out of the six, to agree on any one of the issues, in order to reach a verdict.
Why Lawyers Try to Antagonize the Doctor in a Medical Malpractice Case
While questioning the doctor at the deposition or during pre-trial testimony, the plaintiff’s lawyer will try everything to push the doctor’s buttons. There is a key strategic reason why the lawyer does this. When an injured victim brings a lawsuit seeking compensation for the harms and losses he has suffered because of the doctor’s carelessness, the victim’s lawyer will have the opportunity during the litigation process to question the doctor under oath and at the attorney’s office. This is known as the deposition or examination before trial.
Witness not Qualified in a Medical Malpractice Case
In a medical malpractice case, the defense lawyer might object that the expert witness we have called to the stand is not qualified to testify. This objection can be raised for a medical expert who is just about to testify, for whatever reason the defense lawyer believes, he is not qualified to testify.