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April 2015 Archives

Preventing birth injury in oversized babies

Soon-to-be parents in New York may be interested to learn that a study out of Switzerland recommends inducing labor at around 37 or 38 weeks in women who are pregnant with unusually large babies. According to the researchers, while there are dangers involved when inducing labor before 39 weeks, they are offset by the advantages of delivering the baby early when the baby is very large.

Reasons to be cautious about the new spiral CT scans

Heavy smokers in New York may be affected by a recent change in Medicaid rules. The change states that those between the age of 55 and 77 and have smoked a pack a day for 30 years are qualified for a yearly spiral CT scan. This scan is very sensitive and has the ability to detect small tumors and cancers that might have been missed previously.

Your Expert Witness should be Practicing the same Specialty as the Doctor You are Suing

If your medical malpractice case involves a surgical error, is it ok to bring in a pediatrician to testify as your medical expert witness? The answer is no, this is not the route you want to take.

Failure to Diagnose a Heart Attack as the Basis of a Medical Malpractice Case

Failure to recognize a heart attack has significant and dramatic implications for the patient. A heart attack can occur and kill a sizeable portion of your heart. If the attack is not recognized before it happens, or at the time it is happening, the results could be devastating, and is a strong reason for filing a medical malpractice case.

Hypoxic Ischemic Encephalopathy as the Basis for a Medical Malpractice Case

You have just delivered your baby, and the doctor has given you shocking news that your baby has brain damage, and uses the term hypoxic ischemic encephalopathy. You should know what this means since it could be due to the carelessness of the doctor who delivered your baby.

Can a Doctor be Prosecuted for Providing Treatment that has not been Proven

Can a doctor choose to treat a patient with a treatment that has not been proved to work or a treatment that does not conform to the accepted standards of medical care?

Why would the defense agree that the plaintiff's witness is an expert?

You have sustained significant injuries because of carelessness of a doctor or hospital staff, and you have submitted a medical malpractice lawsuit to claim damages and compensation correlating with your suffering and financial distress. Your case has gone all the way to trial, and now when you are about to put your expert witness on the stand in support of your claim, the defense jumps up and agrees that this witness is an expert. Why does the defense do this, and what should your lawyer do in this instance?

Will the Judge Speak to the Victim during any Settlement Discussions

During a pretrial settlement conference, what is the likelihood that you will be able to speak to the judge who is supervising these settlement discussions?

Can You Show that the Independent Doctor is Lying

When you have filed a personal injury case, the defense will usually hire a doctor to conduct an "independent" medical examination of your injuries. This examination is done to see if your injuries are indeed what you are claiming them to be. However, there is nothing independent about this medical examination by the defense.

Can the Defense have Access to Your Private Messaging via Facebook

You have decided to hire an attorney for your medical malpractice situation in New York. Additionally, you decide to "friend" this attorney on Facebook, and begin to private message him as a means of communication. Now, the defense asks for access to your Facebook page. Does this mean your private messages will become public?

You cannot Handle a Medical Malpractice Case without a Lawyer

A few people think it is easy to handle their own personal injury cases, and claim compensation based on their own efforts. However, this is a big mistake since personal injury cases can be highly complex involving the law, insurance situations, medical issues, and so on. If you go ahead and start a lawsuit without consulting an experienced medical malpractice attorney, without having a certificate of merit, then your case will run into significant problems at the moment of inception.

Having a Positive Attitude about Your Health is not Going to Harm Your Medical Malpractice Case

Just because you have suffered significant injuries because of the negligence of a doctor and filed a medical malpractice case, you need not have a negative outlook on your life. Many victims easily succumb to depression and start believing that their disabilities are going to ruin their lives.

Is Publicity Good or Bad for Your Medical Malpractice Case

You have suffered significant injuries because of the wrongdoing of a doctor or hospital staff and you are planning to start in stage one in the medical malpractice lawsuit process. However, before you enter stage one, you might be wondering if publicity is going to be good or bad for your case.

Study looks into injuries related to laser surgery

People who have undergone laser hair removal may be interested to learn that New York is one of the few states where people can perform this procedure without an operating license. New York is also a state that has seen some of the highest numbers of malpractice lawsuits related to laser surgery injuries.

How does a Lawyer Evaluate a Potential Medical Malpractice Lawsuit

When you think you have been injured by the wrongdoings of a hospital or doctor you may want to file a medical malpractice case. A lawyer on the other hand will carefully evaluate several aspects of the case to see if you have a possibility of a valid lawsuit pending.

Can You Sue for Medical Malpractice without Knowing What Actually Went Wrong

You went into a hospital for what you believed was a simple procedure, but you came out with significant injuries, and you believe something was done wrong by the hospital or doctors. However, you do not have all the facts to understand really pertaining to what was done wrong. Can you file a medical malpractice lawsuit, when you do not have all the facts about what went wrong?

Can a Doctor make a Bright Red Mistake and Yet not be Legally Responsible

A doctor makes a severe mistake, fails to diagnose symptoms of an impending heart attack and yet he was not legally responsible for the patient's injuries. How is this possible?

What happens if the Opinion of Your Expert Witness is not Popular

What happens if the defense objects and asks the judge not to allow your expert witness to testify because the expert's opinions are not in accordance with the other doctors of their particular specialty?

Can an Expert Witness Appearing in a Medical Malpractice Case Charge a Contingency Fee

In a medical malpractice case in New York, can the medical expert who comes in to support your case ask for a contingency fee as a payment? A contingency fee would mean a percentage of the settlement or compensation awarded to you by the jury.

The reasons, consequences for numerous medical tests

Physicians must find a balance between not investigating enough potential problems and going overboard when diagnosing a patient. An overwhelming majority of emergency room physicians who took part in a recent survey reported that they order tests that patients likely do not need in order to protect themselves against malpractice suits. This can lead to higher costs of medical treatment and worse patient care in New York and other states.

What happens When a Juror does not Follow the Law in a Medical Malpractice Case

What happens if one of the jurors during the course of deliberations refuses to follow the law as the judge has instructed the jury? Can the other jurors do something about this? The answer is yes-the other jurors can do something about it.

Is the Success Rate of a Medical Malpractice Attorney a Solid Indicator for You

Is the success rate of a medical malpractice attorney a sunny indicator for what he can do for you and your particular case?

Is it Right for You to Procure Your Own Medical Records for Your Attorney

You suspect that your doctor has done something wrong, and that has caused you significant injury and loss. Now, when you go to an attorney, the attorney says that before he starts investigating your case, he wants you to obtain your medical records and deliver them to him. Is this the right thing for the lawyer to ask of you, and is this the normal procedure?

The Nurse is Concerned about the Monitoring Device Instead of the Patient

There can be many different instances of a violation in terms of the basic standards of medical care, where the victim can file a medical malpractice case or wrongful death case, and have terrific chances of winning the case. Here is one example.

How does the Defense Prepare to Thwart Your Expert Witness

When a medical expert comes in to testify in a medical malpractice case on behalf of the injured victim, the defense lawyer will come armed with a stack of transcripts of what that medical expert has testified to in the past.

Can You Invite Multiple Expert Witnesses to Testify on the same Point

In your medical malpractice case in New York, can you bring in three of four medical experts, to all say the same thing to bolster your case?

Emphasis on basic safety reduces neonatal injury

The tremendous complexity involved in carrying a child to term and successfully delivering them is well known to parents in New York and elsewhere. Unfortunately, adverse events do occur, and a substantial proportion of children born every year suffer birth trauma and other injuries that may possibly have been preventable. Recent studies on complex issues such as health care indicate that simple mistakes can be just as dangerous as more complex ones.

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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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