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  • $30.1 Million NYC - Medical Malpractice Case
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  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
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Two Strategies Used by the Defense in Medical Malpractice Cases

You have been injured because of the negligence or carelessness of your doctor and you have filed a medical malpractice case to seek compensation for the harm and injury done to you. Filing a medical malpractice case is not easy, since you need a medical specialist to review your case and give his or her approval for the validity of your case. Once that is done, your case is filed; however, the defense will employ two very strong strategies that can even have your case dismissed.

Having Your Case Thrown Out

Two secrets, defense attorneys will not want you to know, until it is too late. Your attorney has presented your case and at the end of all the presentation and proof, the defense attorney can stand up, and ask the judge to dismiss your case. The defense will try everything possible to throw your case out, before it ever gets to the jury.

They will see whether you have confirmed to all the pre-suit requirements, and check out whether you or your attorney has made any technical mistake. They can have your case thrown out if you have not filed your case within the period required by the statute. Therefore, it is critical to have an experienced attorney who is an expert in all the technicalities and statutes, and makes sure your paperwork is all squared away.

Not Allowing Your Expert Witnesses to Testify

Another strong strategy applied by the defense will be preventing your witnesses from testifying at trial. You and your lawyer would have lined up expert witnesses who can present to the jury various facts about your case and how there was violation of the basic standards of medical care. Expert testimony is fundamental to your case, since the jury will consider whatever they say seriously and could influence them strongly to rule in your favor.

The other side is going to have some talent to support their claims. You must be able to thwart their testimony and you can do this by having some impressive witnesses take the stand on your behalf.

A Defensive Tactic

The defense will not want that to happen (tremendous witnesses supporting your legal theme) and therefore they will come with every possible excuse and explain to the judge why your expert witnesses should not be allowed to testify. If the defense is successful in keeping out all or some of key expert witnesses then you will have a challenging time trying to show to the jury that you are more likely right than wrong and that you deserved to be compensated for the injuries and harm that you have suffered.

According to the law, you are supposed to reveal to the defense, the medical experts who are going to provide expert testimony from your side. You are also supposed to tell the defense what the expert will be talking about, and the theories they will be presenting to the jury.

Even though you are not required to provide the names of your medical experts, the defense should be provided with all the information about their credentials, degrees, and specialization. The defense will thoroughly analyze all this information and will try to find reasons to tell the judge, why your expert witnesses should be disqualified, and to not allow them to take the stand.

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