Is a Juror Automatically Disqualified if they have Suffered a Similar Injury as the Plaintiff
During a jury selection in a medical malpractice case one of the jurors asks to speak outside and tells us that they have some familiarity with the type of injury of the case we are bringing now. Does this automatically disqualify that particular juror?
What can You do to Initiate a Medical Malpractice Lawsuit
When you are undergoing treatment in hospital, you feel that the doctor or the hospital staff has done something wrong to cause you significant harm. However, you are not sure because the doctor and the hospital staff are not being honest with you. What can you do to learn the truth?
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.
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?
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?
Will Your Second Doctor Testify against Your First Doctor
The new doctor you are consulting, tells you on your very first visit that your previous doctor has made some serious errors in regarding your health and diagnosis. If you decide to bring a medical malpractice case against your first doctor, then can you call your second doctor to testify against your original doctor?
Speaking with the Judge during 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? As your medical malpractice or personal injury case gets up to the point of trial, pretrial settlement discussion will be held.
What happens When the Mediator does not Know How to Negotiate
Your medical malpractice case is close to trial and both sides have agreed to mediate the case, which means, settle it out of court before it gets to trial. Both sides agreed that it would be better to save time, effort, and money by mediating than actually trying the case. The mediation process is presided over by a mediator who is usually a retired judge or highly experienced attorney.
Witness Lies at a Deposition or a Trial
If the plaintiff’s attorney catches a witness in a lie at a medical malpractice deposition or at a trial, should he make a bid deal about it at that time or should he wait? There are different ways to address the issue of witness lying on the stand or at deposition. Several tactics and strategies are there to maximize the effect of witness lying during pretrial testimony or at the time of trial.