A deposition is a question and answer session that takes place under oath, before the trial. It is also called an examination before the trial, where both parties to the case are asked questions by the opposing lawyers. However, there could be a non-party witness deposition as well, in a medical malpractice or accident case. A non-party witness is one who is not part of the lawsuit.
In a medical malpractice case there could be instances where one of the defense attorneys could start screaming and yelling at the plaintiff’s lawyer during deposition. For instance, the plaintiff’s lawyer was taking pretrial testimony of an obstetrician in a medical malpractice case involving failure to deliver a baby in a timely manner, which caused significant injuries to the precious baby.
The doctor refuses to acknowledge and admit that he has violated the basic standards of medical care. In a medical malpractice case, it is critical for the plaintiff’s lawyer to get the doctor to admit during pretrial testimony, why he violated the basic and accepted standards of care. In an actual medical malpractice case, an anesthesiologist improperly administered an anesthetic medication that caused the plaintiff to suffer a cardiac arrest.
You suspect that your doctor has done something that has caused you significant harm. When you go to your attorney, he will want to investigate the matter, and might ask you to turn over your medical records. However, is it proper for the attorney to give you such instructions?
When you bring a medical malpractice case against a doctor or hospital in New York, you should be ready for a tough legal battle in court. The hospital or doctor will be hiring the best attorneys, since their reputation and some serious money is at stake. These attorneys will mainly employ three tactics to make their case strong:
Young people in New York who suffer from a stroke are likely to be misdiagnosed when they go to the emergency room, according to a new research study conducted by the Comprehensive Stroke Center at Wayne State University. The study entitled Misdiagnosis of Acute Stroke in the Young During Initial Presentation in the Emergency Room looked at data that was collected from 57 stroke patients who ranged in age from 16 to 50 years old.
When you are injured due to the negligence of your doctor, you may have a valid basis for a medical malpractice case. However, what do you do, if the doctor is refusing to release your medical records? You have the right to take copies of your medical records from any doctor, you have been consulting in the state of New York. In order to get the records, you have to write the doctor a permission slip, which simply asks for the copy of the records.
In medical malpractice case, it is possible that the jury is unable to reach a decision or is deadlocked. In such instances, the defense lawyer will most probably want the judge to declare a mistrial, whereas the plaintiff’s lawyer will want the jury to go back and continue deliberating until they reach a verdict. In any civil case in New York, when the jury deliberates, it needs five jurors out of the six, to agree on any one of the issues, in order to reach a verdict.
When an attorney accepts your medical malpractice case; who will be paying the expenses for prosecuting the case? The lawyer will be charging his fees on contingency basis, which means he will only be paid if you receive any compensation.
While questioning the doctor at the deposition or during pre-trial testimony, the plaintiff’s lawyer will try everything to push the doctor’s buttons. There is a key strategic reason why the lawyer does this. When an injured victim brings a lawsuit seeking compensation for the harms and losses he has suffered because of the doctor’s carelessness, the victim’s lawyer will have the opportunity during the litigation process to question the doctor under oath and at the attorney’s office. This is known as the deposition or examination before trial.
