Certificate of Merit in a Medical Malpractice Case
In order to start a medical malpractice lawsuit in New York, the plaintiff’s attorney has to submit a certificate of merit to the court. In New York, the law requires that when you want to start a medical malpractice case, you must acquire confirmation from a medical expert, who has treated you or reviewed all your medical records. The medical expert must confirm that:
In Camera Review by a Judge in a Medical Malpractice Case
There will be instances during civil litigations such as medical malpractice, wrongful death, and accident matters, where one of the parties to the case will have certain documents or evidence that they believe should be coming into evidence, or should not be coming into evidence at the time of the trial. When this happens, the concerned side will ask the judge to review the particular piece of evidence in camera or in private.
Continuous Treatment Rule in Medical Malpractice Cases
The procedural rule of statute of limitations provides the plaintiff a certain amount of time to bring in a lawsuit from the time the incident has occurred. In case of medical practice in New York, the patient has two and half years to start the case against the negligent doctor. However, there is a doctrine in the law called the continuous treatment rule. This rule will extend the time that the patient has for filing a medical malpractice lawsuit in New York, even when the statutes of limitation has expired. Hence, this rule tolls or extends the statutes of limitations.
Differential Diagnosis and Medical Malpractice
When you are receiving medical care, the doctor might want to do a differential diagnosis to determine the most likely cause of your health problem. When you go to a doctor with a complaint, the doctor will ask many questions, to narrow down what the most likely cause is for your sickness.
Duces Tecum Subpoena
A subpoena is generally a document that is meant for compelling someone to do a particular thing. In most cases, subpoenas are required for compelling certain people to show up at the trial, and take the witness stand. However, in medical malpractice cases, subpoena duces tecum is served. Duces tecum is a Latin phrase, and this type of subpoena compels someone or some authority to provide the copies or original medical records of a particular person.
The Importance of Past Medical History in a Medical Malpractice Case
When a patient goes to a doctor for medical care, he has to fill out certain forms, and when he meets the doctor, he needs to narrate to the doctor his past health issues. The patient will have to be honest with the doctor and should narrate whatever has happened in the past. The patient might have suffered some type of injury due to someone’s carelessness, whether it was from a doctor’s treatment or an accident. It will form part of the medical history, and he will have to mention this to the doctor.
What happens When a Doctor Alters Someone’s Medical Records
In a medical malpractice case, the plaintiff’s attorney receives the opportunity to ask questions to the doctor regarding the incident, at the deposition. This question and answer session takes place in an attorney’s office, under oath, and whatever is said during the deposition can be presented as evidence during the trial. Before the deposition, the plaintiff’s attorney reviews the case file and medical records of the patient.
Is it Wise to Handle Your Own Medical Malpractice Lawsuit
Can a person handle his or her own medical malpractice case in New York? Even though a person is legally allowed to handle his own case, it would be highly impractical to do so, due to several reasons. Unless the person knows how the litigation process works and all the rules and regulations that go into handling the procedural issues of a medical malpractice lawsuit, the person should not handle such a matter on his own.
Types of Questions that should not be Asked at a Medical Malpractice Trial
In a medical malpractice trial, there are certain types of questions that should never be asked while cross-examining the defense witnesses, especially the doctor.
Motion to Reargue in a Medical Malpractice Case
What is Motion to Reargue?