Can You File a Medical Malpractice Lawsuit if the Patient willfully Drank Drano
Facility for Psychiatric Patients
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.
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.
What happens if the Opinion of Your Expert Witness is not Popular
What happens if the defense objects and asks the judge not to allow your expert witness to testify because the expert’s opinions are not in accordance with the other doctors of their particular specialty?
Why do You need to Show to the Jury You are More Likely Right than Wrong
Burden of Proof Rests with the Victim
A Causal Link between Wrongdoing and Injuries is Vital in a Medical Malpractice Case
In order to win your medical malpractice case, why do you need to show that there is a connection between a violation of basic standards of medical care and your injuries?
Is it Possible to have Non-Jury Trial for Your Medical Malpractice Case in New York
Usually most cases have a jury trial, but it is possible to have a non-jury trial for your medical malpractice case in New York. When your case comes up and it is just about to be put on the trial calendar, you have the option of checking off one of two boxes which say jury and non-jury trial. In correlation with this scenario, it is up to you, whether you want to open the door to a jury trial, or you would like only a judge to listen to your case and pass judgment.
Including a Doctor’s Chart into Evidence
When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.
Lack of Informed Consent in a Medical Malpractice Case
When your doctor does not tell you that you could suffer a complication that you are suffering now after going through the medical procedure, then would that be a valid basis for filing a medical malpractice case. The answer is maybe. Lack of informed consent means failure on the part of the doctor to provide sufficient information, so that the patient can take an educated decision. However, in most instances, lack of informed consent cannot be the only basis for filing a lawsuit.
Facts that Your Medical Malpractice Attorney may not Tell You
When you have been injured due to the negligence of carelessness of a health care provider or doctor, you will file a medical malpractice case to claim damages for the harms and losses you have suffered. You might feel that your case is strong and that the jury will grant you a substantial settlement.
