Who Gets the Money in a Wrongful Death Case in New York?
Many of those who come to wrongful death attorneys in the state of New York have significant questions about who gets the money in a wrongful death case. Many times, these questions require fairly complex answers where local attorneys will look at the full context of a particular case to figure out where settlement money […]
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.
What is involved for Filing a Medical Malpractice Case
A Thorough Investigation
A Peremptory Challenge in a Jury Selection
What is a peremptory challenge in a civil lawsuit in New York, involving a personal injury case?
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.
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.
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.
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.
In New York You cannot Question the Defense’s Medical Experts during a Deposition
In your medical malpractice case, can you question the medical experts of the defense during a pre-trial testimony in New York?
Should You Accept a Settlement for Your Medical Malpractice Case
A person has suffered significant injury because of carelessness of a doctor, and has filed a medical malpractice lawsuit to claim damages. Now, close to the trial date, the defense makes a settlement offer. The lawyer informs his client about the offer, tells him the amount, and recommends that the accept it. The client is very disappointed by the offer, and in fact asks his lawyer, whose side he was representing.