Why would the defense agree that the plaintiff’s witness is an expert?
You have sustained significant injuries because of carelessness of a doctor or hospital staff, and you have submitted a medical malpractice lawsuit to claim damages and compensation correlating with your suffering and financial distress. Your case has gone all the way to trial, and now when you are about to put your expert witness on the stand in support of your claim, the defense jumps up and agrees that this witness is an expert. Why does the defense do this, and what should your lawyer do in this instance?
Failure to Diagnose a Heart Attack as the Basis of a Medical Malpractice Case
Failure to recognize a heart attack has significant and dramatic implications for the patient. A heart attack can occur and kill a sizeable portion of your heart. If the attack is not recognized before it happens, or at the time it is happening, the results could be devastating, and is a strong reason for filing a medical malpractice case.
Will the Judge Speak to the Victim during any Settlement Discussions
During a pretrial settlement conference, what is the likelihood that you will be able to speak to the judge who is supervising these settlement discussions?
Your Expert Witness should be Practicing the same Specialty as the Doctor You are Suing
If your medical malpractice case involves a surgical error, is it ok to bring in a pediatrician to testify as your medical expert witness? The answer is no, this is not the route you want to take.
Hypoxic Ischemic Encephalopathy as the Basis for a Medical Malpractice Case
You have just delivered your baby, and the doctor has given you shocking news that your baby has brain damage, and uses the term hypoxic ischemic encephalopathy. You should know what this means since it could be due to the carelessness of the doctor who delivered your baby.
Can the Defense have Access to Your Private Messaging via Facebook
You have decided to hire an attorney for your medical malpractice situation in New York. Additionally, you decide to “friend” this attorney on Facebook, and begin to private message him as a means of communication. Now, the defense asks for access to your Facebook page. Does this mean your private messages will become public?
Can You Show that the Independent Doctor is Lying
When you have filed a personal injury case, the defense will usually hire a doctor to conduct an “independent” medical examination of your injuries. This examination is done to see if your injuries are indeed what you are claiming them to be. However, there is nothing independent about this medical examination by the defense.
Why would the Defense Offer a Sizeable Settlement when the Plaintiff’s Story is Anemic
The Defense Offers to Settle
Having a Positive Attitude about Your Health is not Going to Harm Your Medical Malpractice Case
Just because you have suffered significant injuries because of the negligence of a doctor and filed a medical malpractice case, you need not have a negative outlook on your life. Many victims easily succumb to depression and start believing that their disabilities are going to ruin their lives.
You cannot Handle a Medical Malpractice Case without a Lawyer
A few people think it is easy to handle their own personal injury cases, and claim compensation based on their own efforts. However, this is a big mistake since personal injury cases can be highly complex involving the law, insurance situations, medical issues, and so on. If you go ahead and start a lawsuit without consulting an experienced medical malpractice attorney, without having a certificate of merit, then your case will run into significant problems at the moment of inception.