Complication as a Defense in a Medical Malpractice Case
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?
Will the Defense get to See Your Diary, if You have one, in a Medical Malpractice Lawsuit
Some people like to keep a diary, a log, or a journal, and they note down their innermost or private thoughts in it. They write things that motivate them or things that are troubling them that nobody else sees. Now, suppose you keep such a diary, and during the course of your medical malpractice lawsuit, you windup recording details about your injuries and how they have affected you.
Knowing the Costs of a Trial
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.
Most Common Defenses in Medical Malpractice Cases
Judgment Call a Common Defense
Will a Juror who has Suffered the same Injuries as the Victim be Automatically Disqualified
You have suffered a significant fracture of the femur in an accident, which is the biggest bone in the body, and you have filed a personal injury case to claim compensation. Your case has come all the way to trial, and now during jury selection, one of the jurors tells your lawyer that he has suffered the same type of fracture, but his injuries were not permanent.
Should an Attorney Challenge the Medical Expert during the Trial
Pushing the buttons of a medical expert could serve the attorney well at a medical malpractice trial, but there are also chances that this strategy might misfire.
Can an Attorney "Like" a Juror on Facebook
Is it appropriate for an attorney who is on trial, to try and “like” or “follow” the jurors on Facebook? Or even Twitter for that matter?
Can Your Attorney call a Press Conference in Your Medical Malpractice Case
You feel you have been injured due to the negligence of your doctor or because your doctor violated the basis standards of good and accepted medical care. Now you have filed a medical malpractice lawsuit, and during the trial, your attorney wants to give a press conference regarding your case. Can he do that, and why? The answer is that your attorney has every right to call a press conference.
Hearing the Combined Experience of a Law Firm as a Marketing Message
You might know that no attorney in New York can ever guarantee a particular result or outcome of your case. However, there are so many other types of guarantees that a lawyer can make. For instance, it would be wonderful if a lawyer in his marketing message guarantees that despite his firm’s two hundred years of combined experience, it will not make any difference, if the defense refuses to negotiate and forces them to go to trial. What does this even mean?
Doctor must pay after caught mocking patient on tape
Everyone has had bad customer service before, but there are some instances where being rude to a client can be costly. New York residents might have heard of the medical procedure in Virginia that started with a colonoscopy and ended with a $500,000 payout for a patient.