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May 2015 Archives

Failure to prepare patients for surgeries in Manhattan

A survey done by Gallup researchers indicates that pre-surgery education is an important part of ensuring that individuals undergoing medical procedures have positive outcomes. When people who are about to undergo a medical device implantation surgery know what to expect throughout the process, after it is completed and how to care for themselves, they are likely to have better recovery rates and fewer problems. However, those who did not feel they were prepared were more likely to have trouble.

Can Your Lawyer Remove Certain Information from Your Medical Records

Your lawyer offers your medical records into evidence, but before the jury sees them, your lawyer wants to redact certain information from your records. Will the judge allow this?

Why do Lawyers ask Boring Questions at the Deposition

Why do so many lawyers ask boring questions at the deposition, especially when the lawyer has the opportunity to question a doctor in a medical malpractice case?

Providing Daily Transcripts to Your Expert Witness

Does your lawyer have to give daily transcripts of the trial to your medical expert witness? During trial why would a lawyer obtain the daily transcripts to give to the medical expert for the purpose of testifying in a medical malpractice case or accident case?

Do You have to Pay Your Treating Doctor for his Testimony

When you file a medical malpractice case, your doctor may have to testify on your behalf. If this is the case and these arrangements have been made, do you have to pay him?

What happens when the Attorney wants to go on Vacation when the Trial is about to Start

The judge tells the attorneys during the pretrial conference that the medical malpractice trial will start in two weeks, and one of the attorneys says he is going on vacation and requests the judge to delay the trial. Will the judge acknowledge and accept the fact that the attorney is going away on vacation, or will he make the attorney cancel his vacation.

There is No Point in Arguing about who is Responsible during the Negotiations

When you start to negotiate with the defense attorney, why is it that you no longer focus on who actually caused your injuries?

Misdiagnosis and medical malpractice claims

Medical malpractice in New York can have a serious impact on the lives of affected patients. Medical malpractice occurs when a patient experiences suffering as a direct result of a physician's incompetent care. The most frequent medical malpractice cases often claim that the doctor was neglecting injuries and illnesses, prescribing incorrect medication, misdiagnosing patients or failing to tell patients certain risks and other treatments that may have prevented further harm.

Can a Doctor's Apology be Used as Evidence

You are in a New York hospital recuperating and you feel the doctor who treated you has caused you significant harm. If this doctor now comes and apologizes to you, then does that wash his hands of any legal obligations that could involve compensation for you, for the injuries and losses you have suffered?

Surgery Consent Form cannot be Used to Escape Liability

Is the mere fact that you sign a consent form so that the doctor can perform surgery to get you better be a tool for the doctor to escape any liability? Does it give the doctor the legal ability to commit medical malpractice or negligence during the course of surgery?

Can a Judge Dismiss a Case after Hearing the Opening Remarks

You have filed a medical malpractice case in New York and your lawyer has just finished making his opening remarks at the beginning of trial. The judge after hearing the opening remarks says he is dismissing your case. Can the judge dismiss your case based on the opening remarks of you lawyer, even before the defense lawyer has had a chance to make his opening remarks?

Electronic records could cause legal issues for New York doctors

Advancements in the process of documentation in the medical field aim to improve accuracy and provide a reliable reference for patients and professionals to optimize healthcare and minimize malpractice. If not maintained effectively, however, complications can arise. For example, electronic medical records provide such an opportunity for improvement, but education, skill and effort are required on the part of the healthcare provider for a successful final product.

Why Most Medical Malpractice Victims do not Recover Anything

There are many reasons why a victim of medical malpractice may not be able to claim compensation or attain anything for his or her injuries.

Reasons Why You Might not want to Sue Your Doctor (Part 1)

Many people are reluctant to file a medical malpractice case, even when they feel their injuries are caused by the negligence or carelessness of their doctor(s). Here are some of the main reasons why you might not feel like suing your doctor.

Do not Delay Filing a Medical Malpractice Case in New York

How horrible would you feel if you realize that the time limit in which you have to submit a lawsuit, seeking compensation for the injuries you have suffered, has now expired? What do you do in such an instance?

Steps in a Medical Malpractice Case before the Trial

You feel you are the victim of medical negligence and you have suffered significant injuries due to that negligence. Here is the legal process of evaluating a possible medical malpractice case.

Avoiding medical errors before they happen

Approximately 200,000 deaths are due to preventable medical errors in New York and around the country every year. A 2010 study found that even if doctors or nurses witnessed mistakes by a medical provider, fewer than 10 percent spoke up. This may be a significant problem if hospitals are seeking to lower the risk to patients.

Showing a Document to Jog the Witness's Memory

A lawyer shows the witness a document to refresh his memory about something that the witness claims he cannot remember. This type of technique is used when a witness, especially a doctor does not remember something about an event or about a conversation that may have occurred previously. Information may be contained in a document or in a medical record that might refresh the doctor's memory.

Can Falling out of Bed be Grounds for a Medical Malpractice Case

A patient falls from the hospital gurney in the emergency room, suffers a fractured shoulder and the hospital blames the patient for this since the patient was told to stay in bed. Can this be grounds for a personal injury or a medical malpractice case?

What does a Lawyer Look for in a Potential Medical Malpractice Case

If you feel that you have suffered harms and losses due to the negligence of a doctor or a hospital staff, you should consider claiming damages by filing a medical malpractice lawsuit. However, when you approach an attorney, he will be looking at your case from his own viewpoint to decide whether he should accept it. Hence, these are the four important aspects a lawyer will be looking at, when a client approaches him with a potential medical malpractice case.

Stage I vs. Stage IIIB Breast Cancer in a Medical Malpractice Case

By the time a woman was diagnosed with breast cancer, she was Stage IIIB. Had she been correctly diagnosed and treated a year earlier, she may not have developed this advanced stage of cancer. Can this be a basis for a medical malpractice case?

How does a Medical Malpractice Lawyer become Reimbursed for Expenses

In your medical malpractice case in New York, why does your attorney have the ability to be reimbursed for his expenses throughout the course of your litigation?

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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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