In Camera Review by a Judge in a Medical Malpractice Case
There will be instances during civil litigations such as medical malpractice, wrongful death, and accident matters, where one of the parties to the case will have certain documents or evidence that they believe should be coming into evidence, or should not be coming into evidence at the time of the trial. When this happens, the concerned side will ask the judge to review the particular piece of evidence in camera or in private.
Certificate of Merit in a Medical Malpractice Case
In order to start a medical malpractice lawsuit in New York, the plaintiff’s attorney has to submit a certificate of merit to the court. In New York, the law requires that when you want to start a medical malpractice case, you must acquire confirmation from a medical expert, who has treated you or reviewed all your medical records. The medical expert must confirm that:
Can You Take Photos in the Hospital
If you think you are the victim of medical malpractice, you may often wonder why the hospital does not want you taking photos of you inside the intensive care unit. When you are in the hospital and you start taking pictures, people start asking many questions. Why do you need to take photos? Why are there so many people in here? The fact is you are documenting something, and you have every right to document exactly what is happening to you.
Can You Change Your Attorney during a Medical Malpractice Case
If you have hired an attorney to handle your medical malpractice case in New York, and you are not happy with his performance, then can you switch attorneys? The answer is yes, as you have the legal right to go to any attorney you wish, and at any time that you wish. You may have started your medical malpractice case with one lawyer and by the time the case has progressed halfway, you may not be satisfied with his performance for whatever reason, you have every right to hire another attorney, and even another attorney after that, and so on.
Why Ask Hypothetical Questions in a Medical Malpractice Case
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.
What happens When a Doctor Alters Someone’s Medical Records
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.
Types of Questions that should not be Asked at a Medical Malpractice Trial
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.
The Importance of Past Medical History in a Medical Malpractice Case
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.
Motion to Reargue in a Medical Malpractice Case
What is Motion to Reargue?
Medical Literature in Support or Against the Doctor’s Position
In a medical malpractice trial, the plaintiff’s lawyer will have the opportunity to question the doctor, who is being sued. Many questions can be asked surrounding the incident, at the deposition, or at the examination before trial, and during the trail as well. However, there are certain restrictions to the type of questions that can be asked during the deposition, and the defense lawyer can object to inappropriate questions.