What happens When a Judge takes Over the Questioning of a Witness
The plaintiff’s lawyer is questioning a witness in a medical malpractice case, and the judge stops the lawyer, and takes over the questioning of the witness. In such an instance, what can the lawyer do if the judge takes over questioning when he is the middle of cross-examining a witness?
What can You do to Initiate a Medical Malpractice Lawsuit
When you are undergoing treatment in hospital, you feel that the doctor or the hospital staff has done something wrong to cause you significant harm. However, you are not sure because the doctor and the hospital staff are not being honest with you. What can you do to learn the truth?
Mediation before a Medical Malpractice Trial
Your medical malpractice case is scheduled to begin trial in just two weeks, and at this time, the defense calls your lawyer up and says they want to mediate the case. Should you go along with this mediation request and see what they have to offer, or should you deny it and go ahead with the trial?
A Structured Settlement in a Medical Malpractice Case
In most medical malpractice cases, large amounts are involved in damages. If you have won your medical malpractice case, then a structured settlement will allow you to have the large sum paid out to you over time. You might want to consider having a structured settlement, since it offers certain advantages over receiving the whole amount at one time.
When assisted delivery with forceps may be necessary
Many New York mothers experience complications when delivering their babies that require doctors to help the process along with the use of forceps. This is an accepted practice that can help avert life-threatening birth emergencies. Babies generally suffer minimal side effects, if any, of the procedure. However, some babies suffer serious injuries when being delivered with the use of forceps. This is more likely when doctors fail to prepare for certain emergencies even when mothers display risk factors for complications.
Will Your Second Doctor Testify against Your First Doctor
The new doctor you are consulting, tells you on your very first visit that your previous doctor has made some serious errors in regarding your health and diagnosis. If you decide to bring a medical malpractice case against your first doctor, then can you call your second doctor to testify against your original doctor?
What happens when the Defense Refuses to Comply with the Judge’s Order
In your medical malpractice case, the judge orders the defense to turn over their medical records, but they refuse to comply with this court’s order. Is there a penalty for the defense refusing the judge’s order and complying with it?
Vicarious Liability in a Medical Malpractice Case
When you bring a lawsuit against a doctor for medical malpractice in the state of New York, you always have to incorporate their medical group as well. This is because of vicarious liability, which in its most basic and simplistic form means, the employer is responsible for the acts of his or her employee.
Should You File a Complaint with Department of Health while Starting a Medical Malpractice Case
You have suffered injuries because of your doctor’s or hospital’s carelessness and you are contemplating bringing a medical malpractice lawsuit. However, at the same time you are also considering filing a claim with the New York State Department of Health. Can this help you with your medical malpractice case?
Should Attorneys Reveal Information about Insurance
During jury selection, a potential juror inquires if there is available insurance. The juror wanted to know that if they find the doctor guilty of causing harm to the plaintiff, the compensation money would come out of the insurance company rather than the pocket of the doctor. What should the plaintiff’s lawyer answer to this type of question?