What is a Motion to Reargue in a Medical Malpractice Case
Gary Silverstein
September 19, 2014
What is a Motion to Reargue
What is a Motion to Reargue
This is a shocking incident of medical malpractice, where a young man undergoes a regular hernia operation and ends up dead, due to reasons not directly connected with the surgery. This young individual was advised by his doctor to walk through the door for hernia surgery, since it was the best treatment for his condition. The person agrees to the surgery, and he is admitted to a reputed hospital in New York. The surgery proceeds without any complications, and is done in an excellent manner.
When we think of ‘malpractice’ we normally assume that the doctor who has been accused of negligence has done something really awful that could have permanent effects on a patient’s life and cause bodily injuries; perhaps even death.
At the end of a trial, before closing remarks are given, the attorneys will give the judge a list about various areas of laws that the judge should instruct the jury about. This is known as Requests to Charge. The lists of the plaintiff and defense attorneys will obviously be different. Each of the two lawyers will be listing things that the jury should be instructed about, which are going to be favorable to their client in the case.
Failure to diagnose a serious condition can be a basis for medical malpractice lawsuit, as the doctor has failed to provide the basic standard of care to the patient. To take an actual example, a person goes to his primary doctor, as he is suffering from significant pain in his left shoulder. The doctor performs a checkup and tells the patient he is fine.
