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Violation of Basic Standards of Medical Care

Gary Silverstein December 19, 2014

In a medical malpractice case it is critical to explain to the jury, what were the expected standards of care in the treatment how were these standards violated, and why such violation made a difference? For instance, you may have consulted a doctor for some health issue, and after receiving treatment from the doctor, you end up with an injury rather than getting back on track and getting your health back. You would want to know, whether the doctor has violated the basic standards of care that caused you harm.

Witness Lies at a Deposition or a Trial

Robert Wolff December 19, 2014

If the plaintiff’s attorney catches a witness in a lie at a medical malpractice deposition or at a trial, should he make a bid deal about it at that time or should he wait? There are different ways to address the issue of witness lying on the stand or at deposition. Several tactics and strategies are there to maximize the effect of witness lying during pretrial testimony or at the time of trial.

What causes placenta abruptio?

Robert Wolff December 12, 2014

Premature separation of the placenta, also known as placental abruption occurs when the placenta either partially or fully separates from the uterus prior to the baby’s birth. There are few direct causes, and they include injury to the abdomen or a sudden loss of a large quantity of uterine fluid, such as occurs after the birth of the first twin in a multiple birth.

Will Aggressive Cross Examination Work Every Time

Robert Wolff December 10, 2014

Sometimes an aggressive line of cross-examination by the plaintiff’s attorney could backfire in a medical malpractice case. At trial, when the lawyer is cross-examining the doctor or a medical expert of the defense aggressively, it might backfire and harm the case if the lawyer is considering to be badgering the witness. However, if the doctor is combative, repeatedly refuses to answer the questions in simple yes or no, and fights with the attorney for every little word and semantics, then an aggressive cross-examination may not backfire.

Bench Trial or Jury Trial for a Medical Malpractice Case

Robert Wolff December 10, 2014

Did you know that when you bring a medical malpractice lawsuit, you have the right to have your case heard by the judge, and render a decision by the judge, as opposed to having a jury rendered decision? Even when this is allowed, most injured victims in New York prefer to have their case heard by a jury.

Can a lawyer refresh his client’s memory on the witness stand?

Robert Wolff December 10, 2014

Is it possible for the plaintiff’s lawyer to refresh the memory of his client on the witness stand, from the testimony he has provided at deposition? For instance, the client is on the witness stand, and his lawyer wants him to explain to the jury, when he last saw the doctor. The client is not sure, and he says that maybe he saw the doctor in October or November.

Can Surgical Complications be Grounds for Medical Malpractice

Robert Wolff December 10, 2014

Just because you develop a complication after a surgical procedure, it does not necessarily mean there was wrongdoing. Many patients who develop complications after surgical procedures think that since they have developed these complications, something must have gone wrong or something must have been done wrong.

Do You have to Pay Tax on Your Settlement Amount

Robert Wolff December 10, 2014

If you have been injured by the negligence of your doctor or hospital while receiving treatment, then you can file a medical malpractice lawsuit to receive compensation. You might receive compensation through a settlement or by the ruling of the jury after the trial has ended. Most people think that if they go forward with a lawsuit and they are successful in receiving the compensation, they think that amount is taxable.

Doctor will Refuse to Accept any Wrongdoing

Robert Wolff December 10, 2014

The doctor has operated on the wrong side of your body, and he refuses to acknowledge the extent of your injuries. Here it is quite clear to you that the doctor violated the basic standards of care, which has resulted in significant and permanent injuries to you. You believe that the moment you bring a medical malpractice lawsuit against the doctor, he and his attorney is going to accept total responsibility and will recognize the full extent of your injuries and damages.

Never Ask the Doctor Why

Robert Wolff December 10, 2014

In a medical malpractice trial, the plaintiff’s attorney has the opportunity of questioning and cross-examining the defense’s medical expert. However, he makes the critical mistake of asking, “Doctor tell us why?” This gives the doctor opportunity to provide an elaborate explanation.

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