Most Common Defenses in Medical Malpractice Cases
Gary Silverstein
July 12, 2015
Judgment Call a Common Defense
Judgment Call a Common Defense
When you have filed a personal injury case, and your doctor agrees to come and testify on your behalf at trial, do you have to pay him? The answer is yes, you will have to pay your doctor to come in and testify. It would be sort of selfish to assume they will spend a day or two in court and not receive some type of financial compensation.
A patient suffers serious injuries when a surgery becomes a catastrophe. The doctor on the other hand, argues in his defense that he has never encountered a complication like this before, and therefore he should not be held accountable for it happening in this instance. Can the patient’s lawyer object to this during the trial? Can the plaintiff’s lawyer prevent the doctor from telling this to the jury?
Chronic obstructive pulmonary disease is a major leading cause of death in New York and around the world. Approximately 27 million people suffer from COPD in the United States alone, with an estimated 210 million afflicted with it worldwide. Symptoms include breathing difficulty due to airway obstruction, shortness of breath and frequent coughing. Smoking is a leading cause of the disease.
Can a Judge Express his Opinion to the Jury about What Your Case is Worth
If your personal injury case goes all the way to trial, whether it is a car accident case, medical malpractice case, or even a wrongful death case, does the judge tell the jury at the end of the trial, how much he believes you are entitled to receive as part of your damages and claims you are making?
The answer is no, the judge will never ever give his opinion to the jury, about what he believes what the jury should do. The judge cannot tell the jury what your case is worth because it is not the judge’s function to tell the jury what he believes or insinuate what he thinks the victim should receive. The jury has to determine this on their own by adhering to the facts of the case.
