A Structured Settlement in a Medical Malpractice Case
In most medical malpractice cases, large amounts are involved in damages. If you have won your medical malpractice case, then a structured settlement will allow you to have the large sum paid out to you over time. You might want to consider having a structured settlement, since it offers certain advantages over receiving the whole amount at one time.
Vicarious Liability in a Medical Malpractice Case
When you bring a lawsuit against a doctor for medical malpractice in the state of New York, you always have to incorporate their medical group as well. This is because of vicarious liability, which in its most basic and simplistic form means, the employer is responsible for the acts of his or her employee.
Should Attorneys Reveal Information about Insurance
During jury selection, a potential juror inquires if there is available insurance. The juror wanted to know that if they find the doctor guilty of causing harm to the plaintiff, the compensation money would come out of the insurance company rather than the pocket of the doctor. What should the plaintiff’s lawyer answer to this type of question?
Should You File a Complaint with Department of Health while Starting a Medical Malpractice Case
You have suffered injuries because of your doctor’s or hospital’s carelessness and you are contemplating bringing a medical malpractice lawsuit. However, at the same time you are also considering filing a claim with the New York State Department of Health. Can this help you with your medical malpractice case?
Will Your Second Doctor Testify against Your First Doctor
The new doctor you are consulting, tells you on your very first visit that your previous doctor has made some serious errors in regarding your health and diagnosis. If you decide to bring a medical malpractice case against your first doctor, then can you call your second doctor to testify against your original doctor?
What happens when the Defense Refuses to Comply with the Judge’s Order
In your medical malpractice case, the judge orders the defense to turn over their medical records, but they refuse to comply with this court’s order. Is there a penalty for the defense refusing the judge’s order and complying with it?
Speaking with the Judge during Settlement Discussions
During a pretrial settlement conference, what is the likelihood that you will be able to speak to the judge, who is supervising these settlement discussions? As your medical malpractice or personal injury case gets up to the point of trial, pretrial settlement discussion will be held.
What happens When the Mediator does not Know How to Negotiate
Your medical malpractice case is close to trial and both sides have agreed to mediate the case, which means, settle it out of court before it gets to trial. Both sides agreed that it would be better to save time, effort, and money by mediating than actually trying the case. The mediation process is presided over by a mediator who is usually a retired judge or highly experienced attorney.
How to Cope With an Improper Question at a Medical Malpractice Deposition?
You feel your doctor has failed to diagnose your cancer in a timely manner and because of that, you have suffered significant harm and injury. You file a medical malpractice lawsuit, and when you are questioned at the pretrial question and answer session called a deposition, the defense attorney asks you why you chose to bring a lawsuit at this time. Now, do you have to give an answer to this type of question?
Is there a Difference between a Medical Malpractice and a Personal Injury Lawyer
When you are trying to find a medical malpractice attorney in New York, and you happen to know a personal injury attorney, you would want to know if this lawyer could handle your medical malpractice case.