Can the Doctors School Grades be Subpoenaed
When you have filed a medical malpractice case in New York, is it possible to subpoena the medical school grades of the doctor you are suing, to show that he was not a solid or respectable student? One of the aspects your lawyer will want to find out is how the doctor in question, did in medical school. You might think that if we are able to show to the jury that he was a pitiful student, then it would be easy to establish that he did not know what he was doing while treating you.
Juries Seem to Enjoy Show and Tell in Medical Malpractice Cases
Juries seem to like show and tell for the same reason kids love it in elementary school. In school, kids are asked to bring in something to show and tell to the class. This activity is interesting, lively, and fascinating, and kids get to see something that they may have not seen previously. The kids bring in some new toy or some shiny object to class and tell what they know about it, which makes it interesting for everybody.
What happens when the Doctor does not Release Your Records in a Medical Malpractice Case
When you are injured due to the negligence of your doctor, you may have a valid basis for a medical malpractice case. However, what do you do, if the doctor is refusing to release your medical records? You have the right to take copies of your medical records from any doctor, you have been consulting in the state of New York. In order to get the records, you have to write the doctor a permission slip, which simply asks for the copy of the records.
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.
Missing Evidence in a Medical Malpractice Case
Suppose an important piece of evidence in your medical malpractice case has gone missing. Can this information be used at the time of trial? The answer is yes, and you can use that information of missing evidence at trial. Now, let say your case is about failure to timely diagnose and treat a fracture, and the key piece of evidence in your case are the x-rays that were taken in the orthopedics office. Once the lawsuit is initiated by you, these x-rays mysteriously disappear. So, now what happens next?
Certificate of Merit in a Medical Malpractice Case
In order to start a medical malpractice lawsuit in New York, the plaintiff’s attorney has to submit a certificate of merit to the court. In New York, the law requires that when you want to start a medical malpractice case, you must acquire confirmation from a medical expert, who has treated you or reviewed all your medical records. The medical expert must confirm that:
Continuous Treatment Rule in Medical Malpractice Cases
The procedural rule of statute of limitations provides the plaintiff a certain amount of time to bring in a lawsuit from the time the incident has occurred. In case of medical practice in New York, the patient has two and half years to start the case against the negligent doctor. However, there is a doctrine in the law called the continuous treatment rule. This rule will extend the time that the patient has for filing a medical malpractice lawsuit in New York, even when the statutes of limitation has expired. Hence, this rule tolls or extends the statutes of limitations.
Do Juries Like Doctors and Hospitals
When you bring a claim against a hospital or a doctor in the state of New York, the medical malpractice case will be tried in court and a jury will ultimately decide on the case. Did you know that juries generally like doctors? Many lawyers refer to this, as the elephant in the room. Lawyers discuss it with their clients, and it is discussed with juries as well. Attorneys should definitely broach this subject, and it should not be kept hidden.
Duces Tecum Subpoena
A subpoena is generally a document that is meant for compelling someone to do a particular thing. In most cases, subpoenas are required for compelling certain people to show up at the trial, and take the witness stand. However, in medical malpractice cases, subpoena duces tecum is served. Duces tecum is a Latin phrase, and this type of subpoena compels someone or some authority to provide the copies or original medical records of a particular person.
Medical Literature in Support or Against the Doctor’s Position
In a medical malpractice trial, the plaintiff’s lawyer will have the opportunity to question the doctor, who is being sued. Many questions can be asked surrounding the incident, at the deposition, or at the examination before trial, and during the trail as well. However, there are certain restrictions to the type of questions that can be asked during the deposition, and the defense lawyer can object to inappropriate questions.