Complication as a Defense in a Medical Malpractice Case
A patient suffers serious injuries when a surgery becomes a catastrophe. The doctor on the other hand, argues in his defense that he has never encountered a complication like this before, and therefore he should not be held accountable for it happening in this instance. Can the patient’s lawyer object to this during the trial? Can the plaintiff’s lawyer prevent the doctor from telling this to the jury?
Why Most Medical Malpractice Victims do not Recover Anything
There are many reasons why a victim of medical malpractice may not be able to claim compensation or attain anything for his or her injuries.
Can Doctor’s Prior Cases Impact the Present Case
Can a doctor’s prior bad act come into play in your medical malpractice case in the state of New York?
Will the Health Department Automatically Launch an Investigation when You File a Medical Malpractice Lawsuit
If you file a case against a doctor for medical practice in the state of New York, then does the New York State Department of Health automatically begin an investigation against this doctor?
Can You Bring a Wrongful Death Case in New York without having an Autopsy Done
Suppose someone in your family is dead and you believe his death was because of someone else’s carelessness. It could be the doctor treating your family member was careless, or the other driver who caused the auto accident was careless.
Can You File a Medical Malpractice Case if You go Blind after Cataract Surgery
The patient had a slight cataract and the doctor reassured her that everything would be fine after the cataract surgery. However, the patient came out blind after the cataract surgery. Does this woman have a medical malpractice case?
A Structured Settlement in a Medical Malpractice Case
In most medical malpractice cases, large amounts are involved in damages. If you have won your medical malpractice case, then a structured settlement will allow you to have the large sum paid out to you over time. You might want to consider having a structured settlement, since it offers certain advantages over receiving the whole amount at one time.
Using a Transcript at a Medical Malpractice Trial
A transcript is nothing more than a booklet containing questions and answers given under oath. Typically, this information is gathered in pretrial testimony, which is a question and answer session called a deposition. This transcript can be quite powerful weapon during the trial.
What happens when a Doctor Intentionally Causes Harm
If a doctor intentionally causes you harm in New York, then his insurance company will most likely not provide him with the coverage. Every doctor in New York is required to carry medical malpractice insurance. They do that for the key reason that if the patient suffers harm because of the doctor’s carelessness, the patient has the ability to be compensated by the doctor’s insurance company.
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.