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Violation of Basic Standards of Medical Care

In a medical malpractice case it is critical to explain to the jury, what were the expected standards of care in the treatment how were these standards violated, and why such violation made a difference? For instance, you may have consulted a doctor for some health issue, and after receiving treatment from the doctor, you end up with an injury rather than getting back on track and getting your health back. You would want to know, whether the doctor has violated the basic standards of care that caused you harm.

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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.

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Can a Defense Lawyer Delay His Opening Argument

In a medical malpractice case in New York, after the injured victim’s lawyer has made his opening remarks, does the defense attorney necessarily have to give his opening remarks? The answer is no. The defense attorney need not provide his opening remarks after the plaintiff’s lawyer has done so.

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Court decides to uphold negligence suit against hospital

New York residents might have heard that on Dec. 12, a Florida court ruled to uphold a suit of negligence against the Holmes Regional Medical Center for failing to remove a recalled drug and prescribing it to a patient. The hospital had appealed the negligence lawsuit, which was filed by the injured patient and his wife, but the request was denied by a panel of three judges from the 5th District Court of Appeals.

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What causes placenta abruptio?

Premature separation of the placenta, also known as placental abruption occurs when the placenta either partially or fully separates from the uterus prior to the baby’s birth. There are few direct causes, and they include injury to the abdomen or a sudden loss of a large quantity of uterine fluid, such as occurs after the birth of the first twin in a multiple birth.

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Bench Trial or Jury Trial for a Medical Malpractice Case

Did you know that when you bring a medical malpractice lawsuit, you have the right to have your case heard by the judge, and render a decision by the judge, as opposed to having a jury rendered decision? Even when this is allowed, most injured victims in New York prefer to have their case heard by a jury.

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Can a lawyer refresh his client’s memory on the witness stand?

Is it possible for the plaintiff’s lawyer to refresh the memory of his client on the witness stand, from the testimony he has provided at deposition? For instance, the client is on the witness stand, and his lawyer wants him to explain to the jury, when he last saw the doctor. The client is not sure, and he says that maybe he saw the doctor in October or November.

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Can Surgical Complications be Grounds for Medical Malpractice

Just because you develop a complication after a surgical procedure, it does not necessarily mean there was wrongdoing. Many patients who develop complications after surgical procedures think that since they have developed these complications, something must have gone wrong or something must have been done wrong.

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Do You have to Pay Tax on Your Settlement Amount

If you have been injured by the negligence of your doctor or hospital while receiving treatment, then you can file a medical malpractice lawsuit to receive compensation. You might receive compensation through a settlement or by the ruling of the jury after the trial has ended. Most people think that if they go forward with a lawsuit and they are successful in receiving the compensation, they think that amount is taxable.

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