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:
Is it possible to unring the bell at the time of a medical malpractice trial? Do you think that if you have said something that should not be said, the jury is likely to forget what you said? During the course of the trial, it is possible for either of the sides to say something that they should not have said. The judge might have decided that a particular topic is completely off limits, and one of the parties addresses something that the judge had ordered not to discuss.
A transcript is nothing more than a booklet containing questions and answers given under oath. Typically, this information is gathered in pretrial testimony, which is a question and answer session called a deposition. This transcript can be quite powerful weapon during the trial.
If a doctor intentionally causes you harm in New York, then his insurance company will most likely not provide him with the coverage. Every doctor in New York is required to carry medical malpractice insurance. They do that for the key reason that if the patient suffers harm because of the doctor’s carelessness, the patient has the ability to be compensated by the doctor’s insurance company.
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.
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.
In a medical malpractice case, the defense lawyer might object that the expert witness we have called to the stand is not qualified to testify. This objection can be raised for a medical expert who is just about to testify, for whatever reason the defense lawyer believes, he is not qualified to testify.
A gag order is usually a court order. It might be passed by the judge to remove a person from the court who is causing disturbances, or it could be for restricting prejudicial publicity that the participants in the trial are trying to give to the press. However, in a medical malpractice case, the defense attorney might ask for a gag order, as a condition to the settlement.
Juries seem to like show and tell for the same reason kids love it in elementary school. In school, kids are asked to bring in something to show and tell to the class. This activity is interesting, lively, and fascinating, and kids get to see something that they may have not seen previously. The kids bring in some new toy or some shiny object to class and tell what they know about it, which makes it interesting for everybody.
