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What does it mean when a Jury Asks for a Calculator in a Medical Malpractice Case

Robert Wolff November 23, 2014

If the jury asks for a calculator during jury deliberations in a medical malpractice case, then does it mean it is time for the defense to try to settle your case? You have suffered harm and loss due to the negligence of a doctor and gone through the entire litigation process. Now the trial has ended, and the jury goes and starts deliberating. Now if the jury comes back and asks the court for a calculator, do you think the defense will start negotiating?

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What happens when an Expert Witness Lies about Payment

Gary Silverstein November 23, 2014

A lie told by the expert witness on the stand can change the whole course of the case. In a medical malpractice case, the defense attorney puts an expert witness on the stand. This witness is an orthopedic doctor, who is brought in to testify on behalf of the defense. During the questioning, the defense lawyer asks the orthopedist whether he is being paid to come and give his expert testimony.

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What happens when the Doctor does not Release Your Records in a Medical Malpractice Case

Robert Wolff November 23, 2014

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.

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What happens when the Jury is Deadlocked

Gary Silverstein November 23, 2014

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.

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Treatment guidelines for Erb’s palsy

Robert Wolff November 20, 2014

Erb’s Palsy is a condition often resulting from birth injury caused by medical malpractice. Approximately 0.1 percent of babies are born with this condition, typically caused by improper delivery procedure. This can result in the child’s neck being twisted and stretched to the side. The strain can create inhibited movement and feeling in one arm due to injury to the brachial plexus, a network of nerves near the neck.

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How can cancer be diagnosed?

Robert Wolff November 17, 2014

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.

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Can You Change Your Attorney during a Medical Malpractice Case

Robert Wolff November 16, 2014

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.

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Can You Take Photos in the Hospital

Gary Silverstein November 16, 2014

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.

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Certificate of Merit in a Medical Malpractice Case

Robert Wolff November 16, 2014

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:

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In Camera Review by a Judge in a Medical Malpractice Case

Robert Wolff November 16, 2014

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.

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