FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

Judgment Call is the Most Common Defense of a Doctor

One of the most common defenses that doctors and their attorneys use in medical malpractice cases is the judgment call defense. When you bring a lawsuit against a doctor, claiming he did something wrong, the doctor could say at trial that it was his medical judgment to treat this patient in the way he was treated.

How to Cope With an Improper Question at a Medical Malpractice Deposition?

You feel your doctor has failed to diagnose your cancer in a timely manner and because of that, you have suffered significant harm and injury. You file a medical malpractice lawsuit, and when you are questioned at the pretrial question and answer session called a deposition, the defense attorney asks you why you chose to bring a lawsuit at this time. Now, do you have to give an answer to this type of question?

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.

Can a lawyer refresh his client’s memory on the witness stand?

Is it possible for the plaintiff’s lawyer to refresh the memory of his client on the witness stand, from the testimony he has provided at deposition? For instance, the client is on the witness stand, and his lawyer wants him to explain to the jury, when he last saw the doctor. The client is not sure, and he says that maybe he saw the doctor in October or November.

Never Ask the Doctor Why

In a medical malpractice trial, the plaintiff’s attorney has the opportunity of questioning and cross-examining the defense’s medical expert. However, he makes the critical mistake of asking, “Doctor tell us why?” This gives the doctor opportunity to provide an elaborate explanation.

Some of the Best Cross Examination Strategies

You must have watched cross-examination of witnesses in a trial, in many popular TV series. However, there are specific strategies in cross-examining a witness in medical malpractice cases. Two key elements of a successful cross-examination are preparation, and keeping the witness on a very short leash.

Is the Early Settlement of a Medical Malpractice Case Possible

When you have filed a medical malpractice case in New York, one of your main questions would be what the likelihood of settling the case early is, so that you do not have to deal with the entire litigation process. In New York, a medical malpractice case takes about two to three years from start to finish, and hence most people want to avoid this long litigation process and would like to find a solution for an earlier settlement.