Is a Board Certified Doctor Immune from a Medical Malpractice Lawsuit
Gary Silverstein
February 14, 2015
Board Certification is the Highest Certification in a Specialty
Board Certification is the Highest Certification in a Specialty
A person has suffered significant injury because of carelessness of a doctor, and has filed a medical malpractice lawsuit to claim damages. Now, close to the trial date, the defense makes a settlement offer. The lawyer informs his client about the offer, tells him the amount, and recommends that the accept it. The client is very disappointed by the offer, and in fact asks his lawyer, whose side he was representing.
A patient claims that the doctor failed to diagnose his fracture, and he wants to know whether he has a valid basis for filing a medical malpractice case against the doctor.
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You have just been offered $1 million for your medical malpractice case, and you decide to reject it. Is this a gamble? Are you making a profound mistake?
A patient is seriously injured during surgery, and the appointed attorney brings a medical malpractice lawsuit against a number of different doctors. However, he lets off one doctor, the anesthesiologist, during the course of the lawsuit.
You have been injured because of the negligence or carelessness of your doctor and you have filed a medical malpractice case to seek compensation for the harm and injury done to you. Filing a medical malpractice case is not easy, since you need a medical specialist to review your case and give his or her approval for the validity of your case. Once that is done, your case is filed; however, the defense will employ two very strong strategies that can even have your case dismissed.
It is not uncommon for the defense to have a witness, a critical witness that they have not brought in. For instance, in a medical malpractice case, the defense had hired a doctor to examine the injured victim. This is called an independent medical examination.
Why are subpoenaed medical records sent to the court, and not the office of the attorney who requested them?
Threatening public access to physician credentials and malpractice records, the current budget proposal from Gov. Andrew Cuomo cuts funding for the New York State Physician Profile website. Originally created by legislation in 2000 and run by the Health Department, the online database allows free access to information about doctors in the state. Details like hospital affiliations, background information, professional misconduct, and legal malpractice actions are available at the website.
