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March 2015 Archives

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?

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?

The Importance of Preparing a Legal Brief in Medical Malpractice Cases

Why is it critical for a trial attorney to anticipate the legal issues that are going to arise during the trial? On top of this, to have a trial brief prepared-ready for the judge during trial?

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.

Can a Doctor Lose his License when Sued for Negligence

You have suffered significant injuries because of the carelessness of a doctor, and you have brought a medical malpractice lawsuit against him. You know that the doctor has violated the basic standards of care, which has resulted in long time injury or even disability.

The Wrong Medication as the Basis of a Medical Malpractice Case

When a patient is given the wrong medication, he can suffer considerably and even die. Such a person who has suffered significantly due to the wrong medication prescribed or given to them can file a medical malpractice lawsuit and claim compensation for this error and the ramifications stemming from it.

Is Your Lawyer Vouching for Doctor's Credibility by Calling Him to the Stand

You have sued a doctor in a medical malpractice case in New York, and your lawyer is going to put the doctor on the witness stand at trial. The mere fact that your lawyer has called this witness to the stand, does it mean that your lawyer is vouching for this doctor's credibility?

Recovering compensation for emergency room errors

With hundreds of thousands of patients passing through every year, emergency rooms in New York can be busy and hectic places. Although there may be many patients in serious condition who come in at once, each individual patient is still entitled to receive proper care and treatment by emergency room staff.

The importance of a second opinion in breast biopsies

Women in New York might be concerned about a recent breast biopsy study. Getting a second opinion after a breast biopsy has become more critical since the subject has been studied extensively and the findings show that specialists often misdiagnose them. This is according to a study that was published in an issue of the Journal of the American Medical Association on March 17, which included 240 breast biopsy specimens and 115 U.S. pathologists.

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.

Does the Defense Give up When the First Medical Expert Thinks the Case is Indefensible

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?

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.

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.

Judgment Call is the Most Common Defense of a Doctor

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.

What are Pharmacy Errors

Pharmacy errors arise typically when patients go to pick up their medication, and they start taking the medication without looking at the particular pill or reading the inserts that accompany the particular medications. If it is the wrong medication then the patient will get sick or have some sort of negative side effect that could lead to dire implications.

Should You Name the Doctor or Medical Group in a Medical Malpractice Case

You think that your doctor has done something wrong to cause you significant harm and injury, and now you are contemplating in pursuing a medical malpractice lawsuit against him in New York. However, it is important for you to know if your doctor is an independent contractor, or an employee, this makes a distinct difference.

Is there a Time Limit for Cross Examining a Witness

In a medical malpractice lawsuit, the judge asks the lawyer to begin his cross-examination of a witness. When the lawyer stands up to cross-examine a witness, does he have a time limit? Does the judge give a time limit to the lawyer, as to how long he has for questioning the witness?

Overcharging for Medical Records

A fire department surgeon is fined $10,000 for charging a patient $66 extra to provide his medical records. The patient was an 89-year-old man, who had requested his medical records from the surgeon. In the state of New York, any person can request copies of his or her medical records.

Spinal cord injuries during childbirth

New York couples who are expecting the birth of a child may be interested in learning about one serious type of birth injury that can result in serious complications for a newborn infant. Depending on the actions of the medical staff during abnormal deliveries, these injuries may be preventable.

Laryngeal nerve birth injuries in New York

The laryngeal nerves control various functions of the larynx, or windpipe, such as breathing and swallowing. Occasionally, the position of an infant's head while in the uterus or during birth can cause an injury to the nerves that may result in vocal cord paralysis. The trauma to the nerve usually occurs when the child's head is turned and bent to one side at delivery and may adversely affect the child's ability to breathe and swallow effectively.

Reasons Why Your Medical Malpractice Case could be Rejected by an Attorney

You have suffered injuries because of the carelessness or negligence of a doctor or the hospital staff in New York and you want to file a medical malpractice lawsuit to claim compensation for the losses and harm you have suffered. However, an attorney might not want to accept your case and attempt to carry it into the end zone. There can be several reasons for this.

The Defense can Change its Stance after a Deposition

In a medical malpractice case, the defense attorney strongly denies that his client has done anything wrong, until the plaintiff's lawyer finishes questioning the doctor at pre trial testimony. In this case, the plaintiff has suffered significant injury following a colonoscopy procedure.

Res Ipsa Loquitor in a Medical Malpractice Case

In order to file a medical malpractice case in the state of New York, you are required to bring in a medical expert to support your claim. The claim should show that there was wrongdoing, the injuries were caused by the wrongdoing, and the injuries are significant and/or permanent. However, in certain instances expert testimony is not required.

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.

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Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
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