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June 2015 Archives

Failure to Diagnose Cancer at the Outset

Can a person file a medical malpractice case against his or her doctor, if the doctor was unable to diagnose the cancer earlier, and the patient had to undergo chemotherapy because of this delay in the diagnosis?

What happens if Your Medical Expert cannot Make it to Your Trial

Your personal injury case is scheduled for trial. However, what happens if your medical expert, who is supposed to come in and support your claim, is unavailable at the time your case is scheduled. What can you do in this situation?

What happens if Your Doctor Refuses to Testify

In your medical malpractice case in New York, what happens if your doctor refuses to come into court and testify as an expert on your behalf?

Patients can help avoid hospital errors

Hospitals in New York and across the country are being pushed to reduce medical errors. Although the hospital is responsible for the safety of its patients, there are steps that people can take before or during a hospitalization to reduce the likelihood of becoming a victim of a mistake.

How Many Violations Standards of Medical Care can You Claim

In a medical malpractice case in New York, where you believe the doctor has violated the basic standards of medical care, how many violations or departures can you claim in your case?

Can an Insurance Company Override the Doctor for a Settlement

The defense attorney thinks that the plaintiff has a wonderful medical malpractice case. However, he is unable to convince the doctor to start negotiations even when it is completely logical to do so. Can the insurance company override the doctor's refusal to begin to negotiate?

Why do Attorneys Refuse Medical Malpractice Cases where the Doctor has Intentionally Caused Harm

Why are most medical malpractice attorneys reluctant to take on a case where the doctor has done something intentional to cause harm to the patient.

Can An Expert Witness Charge Exorbitant Fees?

Here is a scenario for a medical malpractice case: the victim claims his orthopedist violated the basic standards of medical care, which resulted in significant injuries for him. During the course of litigation, the defense refused to negotiate, which meant the victim had to seek a trial to determine the truth.

Surgical errors still occur in spite of preventive protocol

New York patients facing surgery might deal with worries about their outcomes, especially in light of the fact that errors are possible. Although Universal Protocol was introduced just over a decade ago in an effort to reduce the occurrence of serious errors, there are still a significant number of never events, which are surgical errors that are considered to be preventable. A recent study grouped them into three primary categories, including surgical fires, leaving a foreign object in a patient and operating on the wrong site.

Can the Jury Ask for a Clarification from the Judge Germane to his Legal Instructions

It is the end of your medical malpractice trial and the attorneys have made their closing arguments. Now the judge locks the courtroom door, and gives the jury an hour's worth of legal instructions that they have to follow in order to reach a decision on this case. However, what happens if the jury does not truly understand all of the judge's instruction? Can they ask the judge to clarify some of those guidelines?

Human behavior-related surgical errors

New York patients should be informed about the potential consequences of major surgical errors. These are often called 'never events" because they should never happen, but they still do. Researchers from the Mayo Clinic identified 69 of these 'never events" among 1.5 million invasive procedures that were performed over the course of five years at the Minnesota facility and detailed why each one occurred. The researchers identified characteristics that led to the never events as organizational, environmental and individual, and they discovered that 628 human factors contributed to the surgical errors. Around four to nine errors occurred per event.

How Long does it Take to Receive Your Settlement Check

When you have decided to settle your personal injury lawsuit, one of the important questions you might have is how much time does the insurance company have to send you the settlement check?

Can an Entire Testimony of a Witness be Read out Again

It is the end of your medical malpractice trial and the jury is now deliberating or deciding who could be more likely right than wrong. However, while deliberating, they send a note to the judge, requesting the testimony of a particular witness be read back in its entirety. Will the judge allow that expert witness's testimony to be read back from start to finish?

Your Past Medical Problem is Critical in a Medical Malpractice Case

When you go to a doctor for receiving medical care, you fill out certain forms, and the doctor will ask you about your medical history. You need to be very honest about your medical history and tell the doctor what exactly happened to you in the past.

What happens when the Hospital Loses Your Medical Records

You are planning to submit a medical malpractice lawsuit for the injuries your baby has suffered due to improper obstetrical care during the time of your delivery. However, when you try to attain copies of your medical records, you are told by the hospital that they cannot locate the electronic fetal monitoring strips, for instance. Now if you go ahead with the lawsuit, what can happen to the hospital because they cannot locate your baby's medical records?

C-section births result in higher risk of health complications

According to a recent study carried out by the Centers for Disease Control and Prevention, women in the U.S. who undergo C-sections are more likely to suffer from a wide range of medical complications. Due to these findings, women in New York and around the country may want to seek out other means of giving birth if they are pregnant or planning on having a baby.

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Firm News

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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