In a medical malpractice case, the defense hires a medical expert, and this expert gives a negative review, meaning there is liability and responsibility. Then in such a situation will the defense give up?
What is the Purpose of having Patient Safety Rules?
When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.
One of the most common defenses that doctors and their attorneys use in medical malpractice cases is the judgment call defense. When you bring a lawsuit against a doctor, claiming he did something wrong, the doctor could say at trial that it was his medical judgment to treat this patient in the way he was treated.
When your doctor does not tell you that you could suffer a complication that you are suffering now after going through the medical procedure, then would that be a valid basis for filing a medical malpractice case. The answer is maybe. Lack of informed consent means failure on the part of the doctor to provide sufficient information, so that the patient can take an educated decision. However, in most instances, lack of informed consent cannot be the only basis for filing a lawsuit.
What type of damages can you claim by filing a medical malpractice lawsuit?
You think that your doctor has done something wrong to cause you significant harm and injury, and now you are contemplating in pursuing a medical malpractice lawsuit against him in New York. However, it is important for you to know if your doctor is an independent contractor, or an employee, this makes a distinct difference.
Pharmacy errors arise typically when patients go to pick up their medication, and they start taking the medication without looking at the particular pill or reading the inserts that accompany the particular medications. If it is the wrong medication then the patient will get sick or have some sort of negative side effect that could lead to dire implications.
In a medical malpractice lawsuit, the judge asks the lawyer to begin his cross-examination of a witness. When the lawyer stands up to cross-examine a witness, does he have a time limit? Does the judge give a time limit to the lawyer, as to how long he has for questioning the witness?
