New York residents might be aware that cancer is a disease that is characterized by abnormal cell growth. As the abnormal cells grow, they affect the functioning of normal cells and eventually take over. This results in the breakdown of normal organ function, which can ultimately lead to death depending on the area of the body affected.
If you have hired an attorney to handle your medical malpractice case in New York, and you are not happy with his performance, then can you switch attorneys? The answer is yes, as you have the legal right to go to any attorney you wish, and at any time that you wish. You may have started your medical malpractice case with one lawyer and by the time the case has progressed halfway, you may not be satisfied with his performance for whatever reason, you have every right to hire another attorney, and even another attorney after that, and so on.
If you think you are the victim of medical malpractice, you may often wonder why the hospital does not want you taking photos of you inside the intensive care unit. When you are in the hospital and you start taking pictures, people start asking many questions. Why do you need to take photos? Why are there so many people in here? The fact is you are documenting something, and you have every right to document exactly what is happening to you.
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:
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.
Suppose an important piece of evidence in your medical malpractice case has gone missing. Can this information be used at the time of trial? The answer is yes, and you can use that information of missing evidence at trial. Now, let say your case is about failure to timely diagnose and treat a fracture, and the key piece of evidence in your case are the x-rays that were taken in the orthopedics office. Once the lawsuit is initiated by you, these x-rays mysteriously disappear. So, now what happens next?
Usually in any medical malpractice case in the state of New York, the doctor who has treated the plaintiff will be called first to the witness stand to provide his testimony. When a medical malpractice lawsuit is initiated, the plaintiff’s lawyer has to prove the case by a preponderance of evidence. This means the lawyer has to establish that his client is more likely right than wrong, in what he is claiming to be true.
Ectopic means misplaced, and therefore ectopic pregnancy is a pregnancy that occurs outside the womb or uterus. In a normal pregnancy, the baby will be born within the uterus, where it grows in the course of nine months. A pregnancy that winds up going outside the uterus is potentially quite deadly. When the embryo is growing in an enclosed space, it cannot go anywhere, it will keep getting bigger, and the woman will experience various symptoms.
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.
Lack of informed consent can be grounds for a medical malpractice case. It deals with what the doctor informed you, before prescribing a treatment or doing a procedure. When a doctor is proposing a certain form of treatment, he is obligated to discuss with you, the risks, and benefits of the treatment and if any alternatives are available.
