Types of Damages in Medical Malpractice Lawsuit and Medicare Issues
The whole purpose of filing a medical malpractice lawsuit is to claim damages for harm and damages suffered by the victim. However, there are various types of damages, and one should know what could be claimed in a medical malpractice lawsuit. Damages can be broadly classified into two categories, economic and non-economic damages.
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.
Death of comedienne leads state to investigate facility
The passing of celebrity Joan Rivers has caused the New York State Department of Health to investigate Yorkville Endoscopy. Joan was at the clinic to undergo a routine procedure on her vocal cords. During the procedure, she unexpectedly stopped breathing and later experienced cardiac arrest. Personnel were able to revive her before transporting her to a hospital where she was intentionally placed into a temporary coma. Joan was moved to private room where she was comfortable until finally passing away.
When is Expert Testimony not Required in a Medical Malpractice Case
In a medical malpractice case, the victim usually has to present the testimony of a medical expert in support of the claim. The expert testimony will show the jury that there was wrongdoing by the medical practitioner, and such wrongdoing caused the injury, and the resulting injury is significant or permanent. However, in certain instances, a medical malpractice case will not need the expert testimony of a medical expert. The legal phrase for “expert testimony not required” is “Res Ipsa Loquitor”.
A Medical Malpractice Case for Leaving a Foreign Object Inside the Patient
To file a medical malpractice case where a foreign object has been left inside the patient, there are several aspects to be considered. They are:
The Importance of Maintaining ‘Chain of Custody’ for Your Medical Records
In criminal law, the term ‘chain of custody’ is a familiar concept and until some years back it was not a major concern for civil litigators. But with the advent of online records, the actual nature of evidence in civil litigation has undergone a sea change. From tangible paper records to electronic data, the average New York lawyer now has to change his attitude towards records used as evidence in court. And that means being hyper aware of the chain of custody (COC) and how this can affect the outcome of the trial.
Basics of a Medical Malpractice Case
Another name for medical malpractice is medical negligence or the carelessness of the doctor. In New York, medical malpractice is often seen as deviation from the accepted standards of medical care or violation of basic standards of quality medical care. In a valid medical malpractice case, liability, causation, and damages should be proved. In simple terms, the lawyer must show that there was wrongdoing, this wrongdoing caused injury, and such injury is significant or permanent. However, you still cannot start a medical malpractice lawsuit in New York, since the state requires a medical expert confirming each of these three elements.
Can You File a Medical Malpractice Lawsuit after the Permitted Time is Over
In the state of New York, you can bring a case of medical malpractice against a municipal hospital within 90 days of the wrongdoing. However, what happens if these 90 days have passed and the victim wants to file a lawsuit? There are certain provisions in the law that will allow a medical malpractice victim still to file a lawsuit, but the procedure can be quite challenging and there are chances of the court not permitting the lawsuit.
The Importance of a Treatment Plan for Claiming a Benefit for the Continuous Treatment Rule
There is a doctrine in the law known as continuous treatment rule, which extends the time a patient has in filing a medical malpractice lawsuit. This legally means, tolling the statute of limitations. In order to receive the advantage of continuous treatment, the patient has to continue the treatment for the same condition. This illustrates that if the patient is going to the doctor for some other complain or condition, the rule of continuous treatment will not apply.
Eyelid surgery gone wrong; what do you do if your surgeon refuses to accept blame?
America is using cosmetic and plastic surgery like never before. For health reasons, and also for purely aesthetic causes, the country is turning to its surgeons in a bid to achieve perfection. One of the most common plastic surgery procedures in America today is an eyelid surgery – known in medical terms as a blepharoplasty.