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?
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?
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.
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.
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?
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.
Medical mistakes decreased between 2010 and 2013
Authorities reported that the statistics on deadly errors made in hospitals or by medical care professionals reflects a declining trend for recent years. A federal review of hospital records reportedly showed that deaths caused by drug mistakes, infections and other preventable injuries or illnesses dropped by 17 percent from 2010 to 2013. If accurate, this is good news for New York, whose courts have fielded their fair share of medical malpractice lawsuits.
Intentionally Exposing a Weakness in the Opening Argument
There will be instances when your lawyer could voluntarily expose a key weakness in your medical malpractice case in his opening arguments. This may sound quite shocking to you, since you would have thought your lawyer will start building a strong foundation for your case right from the start. Willingly presenting a weakness to the jury in the opening arguments might not seem right.
Witness Lies at a Deposition or a Trial
If the plaintiff’s attorney catches a witness in a lie at a medical malpractice deposition or at a trial, should he make a bid deal about it at that time or should he wait? There are different ways to address the issue of witness lying on the stand or at deposition. Several tactics and strategies are there to maximize the effect of witness lying during pretrial testimony or at the time of trial.