212-LAWYERS or (212) 344-1000

blogs

Missing Evidence in a Medical Malpractice Case

Suppose an important piece of evidence in your medical malpractice case has gone missing. Can this information be used at the time of trial? The answer is yes, and you can use that information of missing evidence at trial. Now, let say your case is about failure to timely diagnose and treat a fracture, and the key piece of evidence in your case are the x-rays that were taken in the orthopedics office. Once the lawsuit is initiated by you, these x-rays mysteriously disappear. So, now what happens next?

Read More Β»

Why the Doctor is Called Upon First in a Medical Malpractice Case

Usually in any medical malpractice case in the state of New York, the doctor who has treated the plaintiff will be called first to the witness stand to provide his testimony. When a medical malpractice lawsuit is initiated, the plaintiff’s lawyer has to prove the case by a preponderance of evidence. This means the lawyer has to establish that his client is more likely right than wrong, in what he is claiming to be true.

Read More Β»

Is it Wise to Handle Your Own Medical Malpractice Lawsuit

Can a person handle his or her own medical malpractice case in New York? Even though a person is legally allowed to handle his own case, it would be highly impractical to do so, due to several reasons. Unless the person knows how the litigation process works and all the rules and regulations that go into handling the procedural issues of a medical malpractice lawsuit, the person should not handle such a matter on his own.

Read More Β»

Lack of Informed Consent

Lack of informed consent can be grounds for a medical malpractice case. It deals with what the doctor informed you, before prescribing a treatment or doing a procedure. When a doctor is proposing a certain form of treatment, he is obligated to discuss with you, the risks, and benefits of the treatment and if any alternatives are available.

Read More Β»

Medical Literature in Support or Against the Doctor’s Position

In a medical malpractice trial, the plaintiff’s lawyer will have the opportunity to question the doctor, who is being sued. Many questions can be asked surrounding the incident, at the deposition, or at the examination before trial, and during the trail as well. However, there are certain restrictions to the type of questions that can be asked during the deposition, and the defense lawyer can object to inappropriate questions.

Read More Β»

The Importance of Past Medical History in a Medical Malpractice Case

When a patient goes to a doctor for medical care, he has to fill out certain forms, and when he meets the doctor, he needs to narrate to the doctor his past health issues. The patient will have to be honest with the doctor and should narrate whatever has happened in the past. The patient might have suffered some type of injury due to someone’s carelessness, whether it was from a doctor’s treatment or an accident. It will form part of the medical history, and he will have to mention this to the doctor.

Read More Β»

What happens When a Doctor Alters Someone’s Medical Records

In a medical malpractice case, the plaintiff’s attorney receives the opportunity to ask questions to the doctor regarding the incident, at the deposition. This question and answer session takes place in an attorney’s office, under oath, and whatever is said during the deposition can be presented as evidence during the trial. Before the deposition, the plaintiff’s attorney reviews the case file and medical records of the patient.

Read More Β»

Why Ask Hypothetical Questions in a Medical Malpractice Case

When a medical expert takes the stand, either for supporting the victim or defense’s position, the two lawyers have the chance to ask the witness several questions. One of the important questions would be asking the doctor, his opinion, and conclusions he has reached after reviewing the medical records of the patient. The defense attorney will ask similar questions. The question is why the attorneys would do that.

Read More Β»
NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee