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The Importance of Maintaining ‘Chain of Custody’ for Your Medical Records

Gary Silverstein September 5, 2014

In criminal law, the term ‘chain of custody’ is a familiar concept and until some years back it was not a major concern for civil litigators. But with the advent of online records, the actual nature of evidence in civil litigation has undergone a sea change. From tangible paper records to electronic data, the average New York lawyer now has to change his attitude towards records used as evidence in court. And that means being hyper aware of the chain of custody (COC) and how this can affect the outcome of the trial.

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When is Expert Testimony not Required in a Medical Malpractice Case

Gary Silverstein September 5, 2014

In a medical malpractice case, the victim usually has to present the testimony of a medical expert in support of the claim. The expert testimony will show the jury that there was wrongdoing by the medical practitioner, and such wrongdoing caused the injury, and the resulting injury is significant or permanent. However, in certain instances, a medical malpractice case will not need the expert testimony of a medical expert. The legal phrase for “expert testimony not required” is “Res Ipsa Loquitor”.

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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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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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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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A Minor Procedure can Damage a Person’s Life

Robert Wolff August 24, 2014

Most medical malpractice cases are not about complicated surgical procedures, and in fact are to do with minor procedures that go horribly wrong because the doctor was unaware of the consequences of such procedure or did not have the right knowledge about the implants used in the procedure. Here is a case of a young person in New York who suffered extensive emotional and physical trauma because the doctor did not know what he was doing and failed to provide the required standard of care.

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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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