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July 2015 Archives

Maternal death rate on the rise

It might be nerve-racking for pregnant women in New York to know that the maternal mortality rate in the United States has increased since 1990. In every 100 live births prior to the 1930s, almost one woman died from related complications. This rate had steadily declined by 1987 to fewer than eight maternal deaths out of 100,000 births. Between 1990 and 2013, however, 18.5 women out of 100,000 giving birth died.

What to Include in the Documents Dossier for Your Medical Malpractice Attorney

If you or a loved one has been the victim of medical malpractice, you might want to discuss the incident with a qualified attorney who can put together a convincing case and improve your chances of obtaining the compensation you deserve. But before you head to the attorney's office, here's a list of documents that you should ideally carry to help him judge the merit of your case and provide sound advice:

What do I have to Prove in a Medical Malpractice Case?

Medical malpractice lawsuits can stretch on for days on end if you don't have all the pieces of evidence-documents, testimonials, medical reports, and the bills-ready and strung together in a watertight case. Knowing what you have to prove in a case helps you gather relevant evidence and improves your chances of obtaining a desirable outcome.

Do I have a Valid Medical Malpractice Case?

If you think that you or a loved one has been the victim of negligence by a physician, you may claim compensation for your losses and suffering by filing a medical malpractice case. By nature, a medical malpractice case is complicated and time-consuming.

Medical conditions that doctors often misdiagnose

New York residents are probably aware that serious medical conditions are sometimes difficult for doctors to identify. Symptoms of a common and minor ailment may really be caused by a far more serious condition, and sometimes even lab tests are unable to determine what the real problem is. A misdiagnosis can lead to unnecessary tests and unneeded medication while the true cause of a patient's suffering remains untreated and unknown.

What Damages can I Claim in a Medical Malpractice Case?

If you or a loved one has been the victim of medical malpractice, you know how life turns upside down after the incident. The repercussions are wide-ranging. Your health is affected adversely. The quality of your life decreases. You are emotionally upset. Even your work life can suffer.

What is Informed Consent in a Medical Malpractice Case?

If you (God forbid!) have to file a medical malpractice case, you will have to make your way through a maze of legal jargon. "Informed consent" is one phrase that will crop up occasionally. Know what it means to figure out if you have a medical malpractice case at all. This will save you many trips to the attorney's office.

Defining "Vicarious Liability" in the Field of Medical Malpractice

If you have been the victim of medical malpractice, it helps to know the meaning and implications of certain legal jargon, like "vicarious liability." Knowing about this term will help you figure out whom to sue for damages, so all liable parties are brought to book and your chances of claiming compensation for your losses and suffering improve.

What is "Standard of Care" in the Medical Malpractice Arena

Medical malpractice cases rest on the premise of "standard of care." If you have been a victim of an incident of medical malpractice, you will have to prove that a medical professional treating you has breached the norms of standard of care to prove the validity of your case and claim damages. You should know the meaning of the phrase, its implications, the instances when standard of care is deemed to have been breached, and the exceptions to the norm.

Patient vigilance could help prevent doctor errors

Although patients in New York rely on the expertise of their doctors and other health care providers, they should still take steps to protect themselves from medical mistakes. Researchers consistently find that misdiagnosis is the leading category of medical error.

Will the Defense get to See Your Diary, if You have one, in a Medical Malpractice Lawsuit

Some people like to keep a diary, a log, or a journal, and they note down their innermost or private thoughts in it. They write things that motivate them or things that are troubling them that nobody else sees. Now, suppose you keep such a diary, and during the course of your medical malpractice lawsuit, you windup recording details about your injuries and how they have affected you.

Complication as a Defense in a Medical Malpractice Case

A patient suffers serious injuries when a surgery becomes a catastrophe. The doctor on the other hand, argues in his defense that he has never encountered a complication like this before, and therefore he should not be held accountable for it happening in this instance. Can the patient's lawyer object to this during the trial? Can the plaintiff's lawyer prevent the doctor from telling this to the jury?

Will a Juror who has Suffered the same Injuries as the Victim be Automatically Disqualified

You have suffered a significant fracture of the femur in an accident, which is the biggest bone in the body, and you have filed a personal injury case to claim compensation. Your case has come all the way to trial, and now during jury selection, one of the jurors tells your lawyer that he has suffered the same type of fracture, but his injuries were not permanent.

Knowing the Costs of a Trial

When you have filed a personal injury case, and your doctor agrees to come and testify on your behalf at trial, do you have to pay him? The answer is yes, you will have to pay your doctor to come in and testify. It would be sort of selfish to assume they will spend a day or two in court and not receive some type of financial compensation.

Should a Lawyer Give a One Hour Opening Argument

In your medical malpractice trial in New York, where there are many details and facts that the jury needs to know and consider, should your lawyer give a two-hour opening argument at the beginning of the trial?

COPD guidelines can lead to misdiagnoses

Chronic obstructive pulmonary disease is a major leading cause of death in New York and around the world. Approximately 27 million people suffer from COPD in the United States alone, with an estimated 210 million afflicted with it worldwide. Symptoms include breathing difficulty due to airway obstruction, shortness of breath and frequent coughing. Smoking is a leading cause of the disease.

Should an Attorney Challenge the Medical Expert during the Trial

Pushing the buttons of a medical expert could serve the attorney well at a medical malpractice trial, but there are also chances that this strategy might misfire.

Can an Attorney "Like" a Juror on Facebook

Is it appropriate for an attorney who is on trial, to try and "like" or "follow" the jurors on Facebook? Or even Twitter for that matter?

Can Your Attorney call a Press Conference in Your Medical Malpractice Case

You feel you have been injured due to the negligence of your doctor or because your doctor violated the basis standards of good and accepted medical care. Now you have filed a medical malpractice lawsuit, and during the trial, your attorney wants to give a press conference regarding your case. Can he do that, and why? The answer is that your attorney has every right to call a press conference.

Hearing the Combined Experience of a Law Firm as a Marketing Message

You might know that no attorney in New York can ever guarantee a particular result or outcome of your case. However, there are so many other types of guarantees that a lawyer can make. For instance, it would be wonderful if a lawyer in his marketing message guarantees that despite his firm's two hundred years of combined experience, it will not make any difference, if the defense refuses to negotiate and forces them to go to trial. What does this even mean?

Can You Sit with Your Lawyer during the Trial at the Counsel Table

You are contemplating filing a lawsuit for an accident or medical malpractice case, and you want to know that if your case goes all the way to trial, can you sit with your attorney at the counsel table during the trial?

Doctor must pay after caught mocking patient on tape

Everyone has had bad customer service before, but there are some instances where being rude to a client can be costly. New York residents might have heard of the medical procedure in Virginia that started with a colonoscopy and ended with a $500,000 payout for a patient.

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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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