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Can You File a Medical Malpractice Lawsuit after the Permitted Time is Over

Gary Silverstein September 5, 2014

In the state of New York, you can bring a case of medical malpractice against a municipal hospital within 90 days of the wrongdoing. However, what happens if these 90 days have passed and the victim wants to file a lawsuit? There are certain provisions in the law that will allow a medical malpractice victim still to file a lawsuit, but the procedure can be quite challenging and there are chances of the court not permitting the lawsuit.

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Cause of Death in a Wrongful Death Case

Robert Wolff September 5, 2014

In a wrongful death case, the main thing the jury will want to know is what caused the death of the person. A pathologist is usually called to provide this information. A pathologist is an expert doctor who specializes in understanding the cause of death of a person. The pathologist will perform an autopsy, which is a clinical examination of the individual’s body. When the autopsy is undertaken and done, the main purpose would be to evaluate and find out why the person died.

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Surgical black box device

Gary Silverstein August 29, 2014

New York residents may benefit if the surgical tracking box ever makes it to market in the U.S. According to CNN, researchers in Canada are currently developing a device that would be analogous to the black box recorder used in the aircraft industry. However, the surgical black box will not only record errors, but it may be able to help surgeons avoid from committing errors as well. While many praise the educational component of the new tool, others have cited potential legal issues.

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Almost all Types of Lawyers come Across Instances of Medical Malpractice

Gary Silverstein August 25, 2014

Unfortunately, even with the improved technology and better hospitals, medical malpractice is still a very large problem. In fact, all types of lawyers come across clients who have suffered due to medical malpractice and have to guide them to the proper lawyer who specializes in such cases. For instance, you could be a lawyer specializing in workers compensation and you might be handling a case where the employee of a construction company has sustained a crushing injury to his arm from a forklift.

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Medical Malpractice – Injuries at Birth and Development Issues

Robert Wolff August 25, 2014

Many things can go wrong during childbirth. Babies can be deprived of oxygen, if the delivery is not performed in a timely fashion. There could also be an issue with the heart rate of the baby, and because nobody has detected the decreased heart rate and the baby is not delivered in time, it can result in serious brain damage that can be permanent. In view of these serious issues, it is important to detect such instances that might have occurred during childbirth.

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What should You do when the Defense Shoots Down Your Settlement Claim

Gary Silverstein August 25, 2014

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 that the accident or injury was not your fault at all. So why is it that the defense is so eager to always shoot down your claim? It is important to understand here how the negotiation process for a personal injury claim settlement works. You may have a figure in

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Admitting Liability in a Medical Malpractice Case

Gary Silverstein August 24, 2014

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.

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Dental Malpractice – A Violation of Basic Standard of Care

Gary Silverstein August 24, 2014

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.

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