What is a Motion to Reargue in a Medical Malpractice Case
Gary Silverstein
September 19, 2014
What is a Motion to Reargue
What is a Motion to Reargue
How bad can a five minute urology procedure be? Well, you’re about to find out.
Anesthesia is an important part of surgery. And like every other surgical procedure, it has its own risks. There are three types of anesthesia: general, regional, and local. Of these, the general anesthesia is the one with the most serious aftereffects. General anesthesia is used in major surgeries where it is required to put the patient ‘under’ i.e. cause them to lose all consciousness and sensation. However, if not administered properly it can lead to many problems such as cardiac arrests and even death.
What is Differential Diagnosis?
According to data from the National Practitioner Data Bank, in the year 2012, New York was the top-ranking state for medical malpractice payouts in the nation. As of late, wrong-site surgery errors have been reported more frequently. These highly unforgiving medical mistakes are surgeries performed on the wrong part of the body or on the wrong patient altogether. Likely a fiasco for a surgical team and a disastrous event for a patient, wrong site surgeries are oftentimes caused by a breakdown in communication. The entity known as the Joint Commission on Accreditation of Healthcare Organizations defines these unforeseen occurrences as sentinel events involving death or
Despite advances in medical technology and an ever-increasing understanding of the failures that lead to medical malpractice, avoidable medical errors continue to occur at an alarming rate in New York hospitals and those nationwide. Due to ignorance or disregard of well-established safeguards, surgeons still perform surgical procedures on the wrong parts of the patients’ bodies.
For medical malpractice, wrongful death, or accident cases in New York, there is a jury trial. The jury will usually have six members, and at least five members should unanimously agree to a decision to reach a verdict. Only when five members of the jury are agreeable to a decision, a judgment can be passed.
During the course of a medical malpractice or accident case trial, several objections are raised by both lawyers. The lawyer raising the objection will have to give a reason for the objection, and the judge will have to make an on the spot decision about it. If the judge feels the objection is appropriate, he will rule, “objection sustained”, and if he feels the objections is improper, he will say, “objection overruled”.
Laparoscopic surgery is considered safe, since it is minimally invasive procedure compared to normal surgery. Doctors use fiber optic tools and perform the surgery through very small incision/s, whereas in ordinary surgery the incisions will be huge. However, there are still many risks involved in laparoscopic gyn surgery and you can initiate a medical malpractice lawsuit, if you feel the surgeon did not provide the expected level of medical care.
In a medical malpractice case, the victim will be first allowed to present expert witnesses in support of the claim, and after that, the defense will have the chance to present their expert witnesses to refute the claim. This is the usual way, medical malpractice case proceeds at trial, and the defense’s expert witnesses get to have the final say. However, does the victim have a right to present a rebuttal witness to counter the points made by the defense’s expert witness? This is allowed only in certain instances.
