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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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December 2014 Archives

Medical mistakes decreased between 2010 and 2013

Authorities reported that the statistics on deadly errors made in hospitals or by medical care professionals reflects a declining trend for recent years. A federal review of hospital records reportedly showed that deaths caused by drug mistakes, infections and other preventable injuries or illnesses dropped by 17 percent from 2010 to 2013. If accurate, this is good news for New York, whose courts have fielded their fair share of medical malpractice lawsuits.

Court decides to uphold negligence suit against hospital

New York residents might have heard that on Dec. 12, a Florida court ruled to uphold a suit of negligence against the Holmes Regional Medical Center for failing to remove a recalled drug and prescribing it to a patient. The hospital had appealed the negligence lawsuit, which was filed by the injured patient and his wife, but the request was denied by a panel of three judges from the 5th District Court of Appeals.

Intentionally Exposing a Weakness in the Opening Argument

There will be instances when your lawyer could voluntarily expose a key weakness in your medical malpractice case in his opening arguments. This may sound quite shocking to you, since you would have thought your lawyer will start building a strong foundation for your case right from the start. Willingly presenting a weakness to the jury in the opening arguments might not seem right.

Can a Defense Lawyer Delay His Opening Argument

In a medical malpractice case in New York, after the injured victim's lawyer has made his opening remarks, does the defense attorney necessarily have to give his opening remarks? The answer is no. The defense attorney need not provide his opening remarks after the plaintiff's lawyer has done so.

Violation of Basic Standards of Medical Care

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.

Experienced Lawyer and Strong Case is no Guarantee for Winning

You hire a medical malpractice attorney based on his past results, and you firmly believe that this attorney could never lose your case at trial. However, this line of thinking on your part is quite flawed. Many lawyers tell potential clients that they have sterling results in the past, and even show them a list of cases that they had won, and huge settlements that they were able to obtain for their clients.

Witness Lies at a Deposition or a Trial

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.

Failure to Diagnose Cancer Early

Here is a scenario where the doctor has failed to diagnose lung cancer in a timely manner. After filing a medical malpractice case, the plaintiff's lawyer has a chance to question the doctor during a pre-trail question and answer session known as a deposition. The lawyer will try to focus on key areas by asking how the treatment would have been different if the lung cancer was diagnosed earlier in time.

What causes placenta abruptio?

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.

Questions to Ask the Doctor at a Medical Malpractice Deposition

The deposition is a question and answer session under oath that takes place before the trial. When you have filed a medical malpractice lawsuit, you lawyer will have the opportunity at this session to ask a number of questions to the doctor, to find out more details about the case. The main information the lawyer will try to find out is:

Do You have to Pay Tax on Your Settlement Amount

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.

Never Ask the Doctor Why

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.

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

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.

Bench Trial or Jury Trial for a Medical Malpractice Case

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.

When can You Expect Your Settlement Check

Once you have settled your accident or medical malpractice case, you will want to know when you will be getting your settlement check. All victims will have this question in mind when they settle their case. They would want to receive the check as quickly as possible.

Why are TV Ads of Lawyers Unreliable

Many attorneys put commercials on TV to market their services and their firm's capabilities. However, can you depend on the content of these ads to make a decision about which lawyer to choose? The answer is definitely not, because these commercials do not give any useful information. All these TV commercials about attorneys advertising say the same thing. They all say that if you have been injured, you should call me, as we have been in this business for a long time. However, these ads fail to tell you why you should choose them, or why they are different from any other lawyers.

Doctor will Refuse to Accept any Wrongdoing

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.

Can Surgical Complications be Grounds for Medical Malpractice

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.

Some of the Best Cross Examination Strategies

You must have watched cross-examination of witnesses in a trial, in many popular TV series. However, there are specific strategies in cross-examining a witness in medical malpractice cases. Two key elements of a successful cross-examination are preparation, and keeping the witness on a very short leash.

Will Aggressive Cross Examination Work Every Time

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.

Why the Judge Wants the Two Lawyers to Agree on Certain Facts

Did you know that before a medical malpractice trial can actually start the judge would want the two lawyers to stipulate to a set of facts that are already agreed to? In every single case, a certain set of facts are clearly agreed to. For instance, in a medical malpractice case, the two sides will agree when the incident in question took place, where it took place, and so on. Hence, there are certain facts that are clearly agreed to and stipulated.

Representing surgical malpractice claims in New York

Everyone knows that surgical procedures have inherent risks, but many patients don't realize that one of the major risks they face during surgery is medical negligence. Each year, 98,000 patients die as a direct result of some form of medical malpractice, according to an Institute of Medicine study.

Tactics Used by the Doctor's Attorney

When you bring a medical malpractice case against a doctor or hospital in New York, you should be ready for a tough legal battle in court. The hospital or doctor will be hiring the best attorneys, since their reputation and some serious money is at stake. These attorneys will mainly employ three tactics to make their case strong:

Can the Doctors School Grades be Subpoenaed

When you have filed a medical malpractice case in New York, is it possible to subpoena the medical school grades of the doctor you are suing, to show that he was not a solid or respectable student? One of the aspects your lawyer will want to find out is how the doctor in question, did in medical school. You might think that if we are able to show to the jury that he was a pitiful student, then it would be easy to establish that he did not know what he was doing while treating you.

Is it Possible to Correct Testimony Given at a Deposition

In a medical malpractice case, there is a question and answer session held under oath before the trial. This session is called a deposition or an examination before trial, and everything is recorded by a court clerk. Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.

What happens when a Doctor Intentionally Causes Harm

If a doctor intentionally causes you harm in New York, then his insurance company will most likely not provide him with the coverage. Every doctor in New York is required to carry medical malpractice insurance. They do that for the key reason that if the patient suffers harm because of the doctor's carelessness, the patient has the ability to be compensated by the doctor's insurance company.

Objections Raised During a Deposition

In a medical malpractice case there could be instances where one of the defense attorneys could start screaming and yelling at the plaintiff's lawyer during deposition. For instance, the plaintiff's lawyer was taking pretrial testimony of an obstetrician in a medical malpractice case involving failure to deliver a baby in a timely manner, which caused significant injuries to the precious baby.

Questioning Strategy during a Deposition

The doctor refuses to acknowledge and admit that he has violated the basic standards of medical care. In a medical malpractice case, it is critical for the plaintiff's lawyer to get the doctor to admit during pretrial testimony, why he violated the basic and accepted standards of care. In an actual medical malpractice case, an anesthesiologist improperly administered an anesthetic medication that caused the plaintiff to suffer a cardiac arrest.

While the Jury Deliberates

What should you do when the jury is deliberating? You have filed a medical malpractice lawsuit, it has gone all the way to trial, and at the end, the jury has moved on to deliberate. What do you do in the mean time? The jury could deliberate the case for a few minutes or they could take many hours or longer, for them to reach a verdict.

Unringing the Bell at a Medical Malpractice Trial

Is it possible to unring the bell at the time of a medical malpractice trial? Do you think that if you have said something that should not be said, the jury is likely to forget what you said? During the course of the trial, it is possible for either of the sides to say something that they should not have said. The judge might have decided that a particular topic is completely off limits, and one of the parties addresses something that the judge had ordered not to discuss.

Using a Transcript at a Medical Malpractice Trial

A transcript is nothing more than a booklet containing questions and answers given under oath. Typically, this information is gathered in pretrial testimony, which is a question and answer session called a deposition. This transcript can be quite powerful weapon during the trial.

Should You Retrieve Your Own Medical Records

You suspect that your doctor has done something that has caused you significant harm. When you go to your attorney, he will want to investigate the matter, and might ask you to turn over your medical records. However, is it proper for the attorney to give you such instructions?

Is the Early Settlement of a Medical Malpractice Case Possible

When you have filed a medical malpractice case in New York, one of your main questions would be what the likelihood of settling the case early is, so that you do not have to deal with the entire litigation process. In New York, a medical malpractice case takes about two to three years from start to finish, and hence most people want to avoid this long litigation process and would like to find a solution for an earlier settlement.

Can Witnesses be Taken Out of Order

Usually in a medical malpractice trial, witnesses are presented in a certain order. However, witnesses can be taken out of order as well, and for doing that, permission has to be issued from the court.

Defining a Prep Session for a Deposition

There is a preparation session to get you ready for your pretrial session, which is a question and answer session called a deposition. You have filed a medical malpractice lawsuit for the injuries and losses you have suffered due to the negligence of a doctor or a hospital. Before the trial begins, there is the deposition, where you will be asked questions by the defense attorney. Your lawyer will want to prepare you before you actually face this session in actuality.

Non-Party Witness Deposition

A deposition is a question and answer session that takes place under oath, before the trial. It is also called an examination before the trial, where both parties to the case are asked questions by the opposing lawyers. However, there could be a non-party witness deposition as well, in a medical malpractice or accident case. A non-party witness is one who is not part of the lawsuit.

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Case of the month

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

Medical Malpractice Blog

$25 million verdict against New York Methodist Hospital
When a child is born, parents expect the doctor, nurses and other staff to provide care that is up to the...
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Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
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