In your medical malpractice case, the judge orders the defense to turn over their medical records, but they refuse to comply with this court’s order. Is there a penalty for the defense refusing the judge’s order and complying with it?
When you bring a lawsuit against a doctor for medical malpractice in the state of New York, you always have to incorporate their medical group as well. This is because of vicarious liability, which in its most basic and simplistic form means, the employer is responsible for the acts of his or her employee.
You have suffered injuries because of your doctor’s or hospital’s carelessness and you are contemplating bringing a medical malpractice lawsuit. However, at the same time you are also considering filing a claim with the New York State Department of Health. Can this help you with your medical malpractice case?
During jury selection, a potential juror inquires if there is available insurance. The juror wanted to know that if they find the doctor guilty of causing harm to the plaintiff, the compensation money would come out of the insurance company rather than the pocket of the doctor. What should the plaintiff’s lawyer answer to this type of question?
As many New York patients know, there is an implicit yet rightful expectation held by individuals when they make arrangements at a health care institution or medical office to undergo surgery. The expectation is that the licensed medical professional performing the operation will bring with them to the operating room sufficient training and competency to avoid careless, avoidable mistakes. However, thousands of incidents of surgical errors occur each year, and you may have been the victim of one.
