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.
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.
What is the Purpose of having Patient Safety Rules?
In a medical malpractice case, the defense hires a medical expert, and this expert gives a negative review, meaning there is liability and responsibility. Then in such a situation will the defense give up?
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.
