If you are planning to sue a medical practitioner in New York for medical malpractice, wrongful death, or injuries, you will have to understand what exactly a Bill of particulars is and its significance in the case.
Bill of Particulars
To understand the significance of the Bill of Particulars you need to first know what it is. A Bill of Particulars is a document that lists and details all the instances of medical malpractice, the injuries sustained as a result of these, and the expenses incurred because of the injuries. The expenses are listed under special damages and include additional cost of medical procedures, cost of medication, lost wages, cost of hospitalization, and future expenses.
Use of Bill of Particulars
The defense attorneys will use the Bill of Particulars to understand the precise nature of the charges against their client and then prepare their defense accordingly.
Supplementary Bill of Particulars
If the defense is unable to understand certain entries in the Bill of Particulars, they are entitled to ask for more information. This information is provided by the lawyers of the plaintiff as a supplementary to the Bill of Particulars.
How is the Bill of Particulars Prepared?
The lawyers for the plaintiff prepare the Bill of Particulars using the information in the medical records and the medical bills provided by the plaintiff. They ask their medical expert to examine the medical records and itemize all the medical errors that have occurred in the treatment of the plaintiff. This is included in the Bill of Particulars along with an itemized list of injuries, and the itemized list of expenses.
What happens when some Information is Missed?
If the lawyers for the plaintiff miss out on some information in the Bill of Particulars, the defense lawyers have the right to object to this information being introduced in the trial. The defense can simply ask that the new information not be considered because they were not informed of it and have therefore not prepared a defense against this. As such, an inadequate or incomplete Bill of Particulars works against the plaintiff as they will be unable to raise pertinent issues in the trial.
Preparing a Complete Bill of Particulars
In order to ensure that your lawyer prepares a complete Bill of Particulars that includes all relevant information, you need to provide them will all of your medical records as well as all of the medical bills, salary statements, and other financial information. This will help your lawyer include all the facts of the case in the Bill of Particulars. The lawyer will consult with the medical expert and prepare part of the Bill of Particulars while the financial section will be collated from the medical bills and salary statements.
If you are looking for help in filing a claim for medical malpractice in New York, just call us.
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