What happens when the Jury is Deadlocked
In medical malpractice case, it is possible that the jury is unable to reach a decision or is deadlocked. In such instances, the defense lawyer will most probably want the judge to declare a mistrial, whereas the plaintiff’s lawyer will want the jury to go back and continue deliberating until they reach a verdict. In any civil case in New York, when the jury deliberates, it needs five jurors out of the six, to agree on any one of the issues, in order to reach a verdict.
What happens when the Doctor does not Release Your Records in a Medical Malpractice Case
When you are injured due to the negligence of your doctor, you may have a valid basis for a medical malpractice case. However, what do you do, if the doctor is refusing to release your medical records? You have the right to take copies of your medical records from any doctor, you have been consulting in the state of New York. In order to get the records, you have to write the doctor a permission slip, which simply asks for the copy of the records.
What happens when an Expert Witness Lies about Payment
A lie told by the expert witness on the stand can change the whole course of the case. In a medical malpractice case, the defense attorney puts an expert witness on the stand. This witness is an orthopedic doctor, who is brought in to testify on behalf of the defense. During the questioning, the defense lawyer asks the orthopedist whether he is being paid to come and give his expert testimony.
What does it mean when a Jury Asks for a Calculator in a Medical Malpractice Case
If the jury asks for a calculator during jury deliberations in a medical malpractice case, then does it mean it is time for the defense to try to settle your case? You have suffered harm and loss due to the negligence of a doctor and gone through the entire litigation process. Now the trial has ended, and the jury goes and starts deliberating. Now if the jury comes back and asks the court for a calculator, do you think the defense will start negotiating?
Juries Seem to Enjoy Show and Tell in Medical Malpractice Cases
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.
A Gag Order in a Medical Malpractice Case
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.
Treatment guidelines for Erb’s palsy
Erb’s Palsy is a condition often resulting from birth injury caused by medical malpractice. Approximately 0.1 percent of babies are born with this condition, typically caused by improper delivery procedure. This can result in the child’s neck being twisted and stretched to the side. The strain can create inhibited movement and feeling in one arm due to injury to the brachial plexus, a network of nerves near the neck.
How can cancer be diagnosed?
New York residents might be aware that cancer is a disease that is characterized by abnormal cell growth. As the abnormal cells grow, they affect the functioning of normal cells and eventually take over. This results in the breakdown of normal organ function, which can ultimately lead to death depending on the area of the body affected.
Why the Doctor is Called Upon First in a Medical Malpractice Case
Usually in any medical malpractice case in the state of New York, the doctor who has treated the plaintiff will be called first to the witness stand to provide his testimony. When a medical malpractice lawsuit is initiated, the plaintiff’s lawyer has to prove the case by a preponderance of evidence. This means the lawyer has to establish that his client is more likely right than wrong, in what he is claiming to be true.
Missing Evidence in a Medical Malpractice Case
Suppose an important piece of evidence in your medical malpractice case has gone missing. Can this information be used at the time of trial? The answer is yes, and you can use that information of missing evidence at trial. Now, let say your case is about failure to timely diagnose and treat a fracture, and the key piece of evidence in your case are the x-rays that were taken in the orthopedics office. Once the lawsuit is initiated by you, these x-rays mysteriously disappear. So, now what happens next?