Motion to Reargue in a Medical Malpractice Case
Robert Wolff
November 10, 2014
What is Motion to Reargue?
What is Motion to Reargue?
When a patient goes to a doctor for medical care, he has to fill out certain forms, and when he meets the doctor, he needs to narrate to the doctor his past health issues. The patient will have to be honest with the doctor and should narrate whatever has happened in the past. The patient might have suffered some type of injury due to someone’s carelessness, whether it was from a doctor’s treatment or an accident. It will form part of the medical history, and he will have to mention this to the doctor.
In a medical malpractice trial, there are certain types of questions that should never be asked while cross-examining the defense witnesses, especially the doctor.
In a medical malpractice case, the plaintiff’s attorney receives the opportunity to ask questions to the doctor regarding the incident, at the deposition. This question and answer session takes place in an attorney’s office, under oath, and whatever is said during the deposition can be presented as evidence during the trial. Before the deposition, the plaintiff’s attorney reviews the case file and medical records of the patient.
When a medical expert takes the stand, either for supporting the victim or defense’s position, the two lawyers have the chance to ask the witness several questions. One of the important questions would be asking the doctor, his opinion, and conclusions he has reached after reviewing the medical records of the patient. The defense attorney will ask similar questions. The question is why the attorneys would do that.
The procedural rule of statute of limitations provides the plaintiff a certain amount of time to bring in a lawsuit from the time the incident has occurred. In case of medical practice in New York, the patient has two and half years to start the case against the negligent doctor. However, there is a doctrine in the law called the continuous treatment rule. This rule will extend the time that the patient has for filing a medical malpractice lawsuit in New York, even when the statutes of limitation has expired. Hence, this rule tolls or extends the statutes of limitations.
Sepsis in its basic definition means a massive infection in your body. The question is how it occurs, why it should matter to you, and how it could be grounds for a medical malpractice case. For instance, say you have undergone a surgical procedure, and the surgeon has inadvertently injured your bowel or colon during the surgery, and does not know about it.
An expectant parent in New York might be concerned about the potential for a birth injury as the time for delivery approaches. It is helpful to know how injuries such as brachial plexus occur so that these issues can be discussed with a physician in advance of the delivery. As a physician evaluates risk factors for brachial plexus, plans may be made to use safe maneuvers or a cesarean section to protect a baby from this condition.
Some people in New York suffer injury each year as a result of a completely incorrect diagnosis for a condition they do not have as opposed to the one for which they sought treatment in the first place. A wrong diagnosis can lead to improper treatment and medication being administered, while the real underlying condition gets worse as a result of lack of proper care.
Residents of the state of New York have the right to expect competent and reasonable medical care from their doctors. However, it may sometimes happen that a mistake is made in the course of treatment. As most patients are not medically trained, it is common for them to be unaware of the error unless they are informed by their doctor or other medical practitioner. In response to this situation, a law has been passed specifically requiring all hospitals to report any errors.
