Do Credentials of Medical Experts have an Impact in a Medical Malpractice Trial
In medical malpractice cases, both the attorneys will try to prove their points by presenting testimony of medical experts. These testimonies are crucial in determining whether there was wrongdoing, whether the injuries were the result of negligence or carelessness, and the extent of the injuries suffered by the victim.
Malpractice Hurts. Even the Small Mistakes
When we think of ‘malpractice’ we normally assume that the doctor who has been accused of negligence has done something really awful that could have permanent effects on a patient’s life and cause bodily injuries; perhaps even death.
Medical Malpractice where an Overdose of Anesthesia Instigates Death
This is a shocking incident of medical malpractice, where a young man undergoes a regular hernia operation and ends up dead, due to reasons not directly connected with the surgery. This young individual was advised by his doctor to walk through the door for hernia surgery, since it was the best treatment for his condition. The person agrees to the surgery, and he is admitted to a reputed hospital in New York. The surgery proceeds without any complications, and is done in an excellent manner.
When an Untrained Doctor Turned a Small Urology Surgery into a Nightmare
How bad can a five minute urology procedure be? Well, you’re about to find out.
What is a Motion to Reargue in a Medical Malpractice Case
What is a Motion to Reargue
Analyzing surgical malpractice and wrong-site surgery
According to data from the National Practitioner Data Bank, in the year 2012, New York was the top-ranking state for medical malpractice payouts in the nation. As of late, wrong-site surgery errors have been reported more frequently. These highly unforgiving medical mistakes are surgeries performed on the wrong part of the body or on the wrong patient altogether. Likely a fiasco for a surgical team and a disastrous event for a patient, wrong site surgeries are oftentimes caused by a breakdown in communication. The entity known as the Joint Commission on Accreditation of Healthcare Organizations defines these unforeseen occurrences as sentinel events involving death or serious injury.
Wrong-site surgery avoidable via simple precautions
Despite advances in medical technology and an ever-increasing understanding of the failures that lead to medical malpractice, avoidable medical errors continue to occur at an alarming rate in New York hospitals and those nationwide. Due to ignorance or disregard of well-established safeguards, surgeons still perform surgical procedures on the wrong parts of the patients’ bodies.
What is the Objection When the Lawyer Says it is Privileged
During the course of a medical malpractice or accident case trial, several objections are raised by both lawyers. The lawyer raising the objection will have to give a reason for the objection, and the judge will have to make an on the spot decision about it. If the judge feels the objection is appropriate, he will rule, “objection sustained”, and if he feels the objections is improper, he will say, “objection overruled”.
What Happens When the Jury is Deadlocked and is Unable to Make a Decision
For medical malpractice, wrongful death, or accident cases in New York, there is a jury trial. The jury will usually have six members, and at least five members should unanimously agree to a decision to reach a verdict. Only when five members of the jury are agreeable to a decision, a judgment can be passed.
Can You Present a Rebuttal Expert Witness in a Medical Malpractice Case
In a medical malpractice case, the victim will be first allowed to present expert witnesses in support of the claim, and after that, the defense will have the chance to present their expert witnesses to refute the claim. This is the usual way, medical malpractice case proceeds at trial, and the defense’s expert witnesses get to have the final say. However, does the victim have a right to present a rebuttal witness to counter the points made by the defense’s expert witness? This is allowed only in certain instances.