Types of Damages in Medical Malpractice Lawsuit and Medicare Issues
The whole purpose of filing a medical malpractice lawsuit is to claim damages for harm and damages suffered by the victim. However, there are various types of damages, and one should know what could be claimed in a medical malpractice lawsuit. Damages can be broadly classified into two categories, economic and non-economic damages.
Can You Present a Rebuttal Expert Witness in a Medical Malpractice Case
In a medical malpractice case, the victim will be first allowed to present expert witnesses in support of the claim, and after that, the defense will have the chance to present their expert witnesses to refute the claim. This is the usual way, medical malpractice case proceeds at trial, and the defense’s expert witnesses get to have the final say. However, does the victim have a right to present a rebuttal witness to counter the points made by the defense’s expert witness? This is allowed only in certain instances.
Can You Bring a Medical Malpractice Case for Laparoscopic Gyn Surgery
Laparoscopic surgery is considered safe, since it is minimally invasive procedure compared to normal surgery. Doctors use fiber optic tools and perform the surgery through very small incision/s, whereas in ordinary surgery the incisions will be huge. However, there are still many risks involved in laparoscopic gyn surgery and you can initiate a medical malpractice lawsuit, if you feel the surgeon did not provide the expected level of medical care.
Death of comedienne leads state to investigate facility
The passing of celebrity Joan Rivers has caused the New York State Department of Health to investigate Yorkville Endoscopy. Joan was at the clinic to undergo a routine procedure on her vocal cords. During the procedure, she unexpectedly stopped breathing and later experienced cardiac arrest. Personnel were able to revive her before transporting her to a hospital where she was intentionally placed into a temporary coma. Joan was moved to private room where she was comfortable until finally passing away.
When is Expert Testimony not Required in a Medical Malpractice Case
In a medical malpractice case, the victim usually has to present the testimony of a medical expert in support of the claim. The expert testimony will show the jury that there was wrongdoing by the medical practitioner, and such wrongdoing caused the injury, and the resulting injury is significant or permanent. However, in certain instances, a medical malpractice case will not need the expert testimony of a medical expert. The legal phrase for “expert testimony not required” is “Res Ipsa Loquitor”.
The Importance of Maintaining ‘Chain of Custody’ for Your Medical Records
In criminal law, the term ‘chain of custody’ is a familiar concept and until some years back it was not a major concern for civil litigators. But with the advent of online records, the actual nature of evidence in civil litigation has undergone a sea change. From tangible paper records to electronic data, the average New York lawyer now has to change his attitude towards records used as evidence in court. And that means being hyper aware of the chain of custody (COC) and how this can affect the outcome of the trial.
The Importance of a Treatment Plan for Claiming a Benefit for the Continuous Treatment Rule
There is a doctrine in the law known as continuous treatment rule, which extends the time a patient has in filing a medical malpractice lawsuit. This legally means, tolling the statute of limitations. In order to receive the advantage of continuous treatment, the patient has to continue the treatment for the same condition. This illustrates that if the patient is going to the doctor for some other complain or condition, the rule of continuous treatment will not apply.
Simple Cataract Surgery can be Grounds for a Medical Malpractice Case
A patient is convinced by his eye doctor to undergo cataract surgery. However during the surgery, the doctor inserts the wrong lens, and because of that the patient loses sight in that eye. The patient was experiencing some blurriness in one eye and it was not a major issue. However, the eye doctor convinced the patient that he needed cataract surgery for this issue.
How much does a Lawyer Charge for a Medical Malpractice Case in New York
Once the lawyer has reviewed the medical records of the client and found that there is a valid medical malpractice case with liability, causation, and damages, the lawyer will either accept the case or refer the client to a lawyer who specializes in such cases. However, the lawyer will have to explain to the client how medical malpractice cases work, and what are its costs. Apart from the costs of fighting the case, the lawyer will be charging fees.
Eyelid surgery gone wrong; what do you do if your surgeon refuses to accept blame?
America is using cosmetic and plastic surgery like never before. For health reasons, and also for purely aesthetic causes, the country is turning to its surgeons in a bid to achieve perfection. One of the most common plastic surgery procedures in America today is an eyelid surgery – known in medical terms as a blepharoplasty.