Can an Insurance Company Override the Doctor for a Settlement
The defense attorney thinks that the plaintiff has a wonderful medical malpractice case. However, he is unable to convince the doctor to start negotiations even when it is completely logical to do so. Can the insurance company override the doctor’s refusal to begin to negotiate?
Can An Expert Witness Charge Exorbitant Fees?
Here is a scenario for a medical malpractice case: the victim claims his orthopedist violated the basic standards of medical care, which resulted in significant injuries for him. During the course of litigation, the defense refused to negotiate, which meant the victim had to seek a trial to determine the truth.
Surgical errors still occur in spite of preventive protocol
New York patients facing surgery might deal with worries about their outcomes, especially in light of the fact that errors are possible. Although Universal Protocol was introduced just over a decade ago in an effort to reduce the occurrence of serious errors, there are still a significant number of never events, which are surgical errors that are considered to be preventable. A recent study grouped them into three primary categories, including surgical fires, leaving a foreign object in a patient and operating on the wrong site.
You must be Ready to Discuss a Settlement
Did you know that during a pretrial conference, if one of the sides is not ready or prepared to discuss a settlement, the judge can actually dismiss the case? Why is that? What is Expected at a Pretrial Conference? A personal injury case is nearing the trial date and scheduled for pretrial conference. The judge […]
Can the Jury Ask for a Clarification from the Judge Germane to his Legal Instructions
It is the end of your medical malpractice trial and the attorneys have made their closing arguments. Now the judge locks the courtroom door, and gives the jury an hour’s worth of legal instructions that they have to follow in order to reach a decision on this case. However, what happens if the jury does not truly understand all of the judge’s instruction? Can they ask the judge to clarify some of those guidelines?
Can the Defense Lawyer Ask the Plaintiff Lawyer what the Case is About
Complaint and Summons
Human behavior-related surgical errors
New York patients should be informed about the potential consequences of major surgical errors. These are often called ‘never events” because they should never happen, but they still do. Researchers from the Mayo Clinic identified 69 of these ‘never events” among 1.5 million invasive procedures that were performed over the course of five years at the Minnesota facility and detailed why each one occurred. The researchers identified characteristics that led to the never events as organizational, environmental and individual, and they discovered that 628 human factors contributed to the surgical errors. Around four to nine errors occurred per event.
Your Past Medical Problem is Critical in a Medical Malpractice Case
When you go to a doctor for receiving medical care, you fill out certain forms, and the doctor will ask you about your medical history. You need to be very honest about your medical history and tell the doctor what exactly happened to you in the past.
Why should the Jury Know about How Long You are Going to Live
In a medical malpractice or accident trial, why do you have to tell the jury how much longer you are expected to live?
Notes Prepared by a Defense Medical Expert could be a Minefield
Whether the Witness has Prepared any Notes