What should You do when the Defense Shoots Down Your Settlement Claim
You may have an eligible case of personal injury or malpractice that you are suing for damages in the court. But be assured that the defense lawyers will always begin by saying that the settlement you are claiming is way too much for the defendant to pay; even if it is proved fair and square […]
Challenges in Filing a Medical Malpractice Lawsuit in New York
The organization responsible for municipal hospitals is New York City is HHC (Health and Hospitals Corporation). If there is a wrongdoing by these hospitals, the patient only has 90 days to file a notice of claim against the hospital from the date of the wrongdoing. After that, the patient has another one year and ninety days to file a lawsuit.
Admitting Liability in a Medical Malpractice Case
In most medical malpractice cases, the defending doctor has failed to provide the required standard of care, which has resulted in harm to the patient. In certain cases, the liability is obvious, and the defendant’s lawyer might even recognize and agree that the doctor had clearly departed from providing good medical care. However, in most cases the doctor’s lawyer will not admit this in court and will waste time trying to prove to the court that the doctor was not responsible for the malpractice and the resulting injuries to the patient.
Risks Involved with Laparoscopic Gynecological Surgery
Laparoscopic gynecological surgery is an advanced alternative to open surgery and it is used in many cases, for both diagnostic and surgical procedures. The use of laparoscopy takes away the need for open abdominal and vaginal surgery. Cyst removal, tubal ligation, and hysterectomy procedures can be performed easily with this method. Normally, it is quite safe and effective as well.
Establishing Liability for Defective Breast Implants
You will probably have grounds for a lawsuit or might be entitled to recover from a class action lawsuit, if breast implants you have used turns out to be defective. If a persona is harmed due to such a faulty implant, the medical malpractice lawsuit may be filed against the manufacturer, in most cases, or against the plastic surgeon.
Dental Malpractice – A Violation of Basic Standard of Care
A simple medical or dental procedure can go horribly wrong, when basic standard of care is violated by the doctor or dentist. Due to this, the case of the patient becomes much more complicated, and the remedial measures to correct the original mistake are not only expensive, but can also cause lot of emotional trauma and physical suffering to the patient. This is a classic case of medical malpractice, where the complications could have been avoided if the doctor had not violated basic standard of care.
Choosing the Right Doctor to Testify in Your Medical Malpractice Trial
When a medical malpractice lawsuit goes to trial, lawyers sometimes bring in expert or specific doctors to testify in court hoping that the testimony will make their case stronger. It is essential in these circumstances to choose the right kind of medical expert to testify on your behalf, because a lot hinges on these ‘expert’ testimonies and a wrong move can turn the case right around on its head.
How does Challenge for Cause Work during Jury Selection in a Medical Malpractice Case
The process of empanelling a jury is one of the most important pre-trial processes for any lawyer. The techniques of choosing jury members from the venire pool, known as voir dire in legal parlance, is taught to law students so that they can use it effectively in all their cases. One of the techniques used in the selection process is the ‘challenge for cause’. It is an effective method that medical malpractice lawyers can use to screen potential jurors before empanelling.
The Key Elements in Proving a Medical Malpractice Case
There is much more to a medical malpractice lawsuit than a person suffering from an undesirable outcome to medical treatment. A person will have to be able to prove several key elements in order to have a successful case, if they want sue and win a malpractice claim. Your healthcare provider or doctor owes you a legal duty by virtue of the relationship you share. This duty means providing you with care that is on the lines of the professional standards. To be able to prove a medical malpractice case, you need to be able to establish that a doctor or a healthcare provider did not meet the standard of care.
Erroneous tests cause delayed treatment of Lyme disease
One man’s 10-month ordeal trying to obtain an accurate diagnosis and treatment of his Lyme disease symptoms might help the 300,000 people afflicted with the illness in New York and in other parts of the United States each year. The delayed treatment was due, in part, to the inability of tests available in the U.S. to accurately identify the presence of the disease that is transmitted by up to 18 different tick species.