Why do You need to Show to the Jury You are More Likely Right than Wrong
Robert Wolff
April 5, 2015
Burden of Proof Rests with the Victim
Burden of Proof Rests with the Victim
The tremendous complexity involved in carrying a child to term and successfully delivering them is well known to parents in New York and elsewhere. Unfortunately, adverse events do occur, and a substantial proportion of children born every year suffer birth trauma and other injuries that may possibly have been preventable. Recent studies on complex issues such as health care indicate that simple mistakes can be just as dangerous as more complex ones.
Is there a danger of bringing in a medical expert who has retired from the practice of medicine?
Usually most cases have a jury trial, but it is possible to have a non-jury trial for your medical malpractice case in New York. When your case comes up and it is just about to be put on the trial calendar, you have the option of checking off one of two boxes which say jury and non-jury trial. In correlation with this scenario, it is up to you, whether you want to open the door to a jury trial, or you would like only a judge to listen to your case and pass judgment.
You have sued a doctor in a medical malpractice case in New York, and your lawyer is going to put the doctor on the witness stand at trial. The mere fact that your lawyer has called this witness to the stand, does it mean that your lawyer is vouching for this doctor’s credibility?
Why is it critical for a trial attorney to anticipate the legal issues that are going to arise during the trial? On top of this, to have a trial brief prepared-ready for the judge during trial?
When a patient is given the wrong medication, he can suffer considerably and even die. Such a person who has suffered significantly due to the wrong medication prescribed or given to them can file a medical malpractice lawsuit and claim compensation for this error and the ramifications stemming from it.
What is a Hi-Low Agreement?
If you file a case against a doctor for medical practice in the state of New York, then does the New York State Department of Health automatically begin an investigation against this doctor?
In order to win your medical malpractice case, why do you need to show that there is a connection between a violation of basic standards of medical care and your injuries?
