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What is the Preponderance of Evidence?

In lawsuits, civil cases or administrative hearings, it is important for a part to prove its position or claim by preponderance. Preponderance is actually defined as superiority in force, weight, and importance. Preponderance of evidence in legal terms means that a party has shown that its version of causes, facts, fault, or damages are most […]

Valuing Your Personal Injury Lawsuit

You might be wondering what your case is worth, if you are planning on filing a person injury lawsuit. There are many factors to this, but ultimately you can find out what your personal injury is worth by figuring out how much your injuries have cost you, physical, monetarily, and mentally. These are called damages. […]

Do patients have the right to know about previous doctor errors?

Medical malpractice, negligence and doctor errors are a frightening prospect for patients. These potential issues raise the question: do patients have the right to know if their doctor has been cited for malpractice or doctor errors? A recent study into this issue has found that over 77 percent of New York doctors who have faced citations continue to practice.

What is Circumstantial Evidence?

To win the case in a criminal trial, it is necessary that the evidence provided by the prosecution should prove beyond a reasonable doubt that a defendant is guilty of the charges that were brought against him/her. During court proceedings, two types of evidence can be used – direct evidence and circumstantial evidence. Understanding Circumstantial […]

Does the type of health insurance impact surgical care?

A doctor’s duty of care should not be affected by the type of health care insurance or benefits that a patient has. Yet according to a recent study, Medicaid surgical patients may fare worse than other surgery patients.

The Statute of Limitations "Trap"

A woman goes to her doctor and complains about a lump in her breast.
The Dr. sends her for a mammogram.
A few days later, the Dr. calls to tell her not to worry, as it is “only a cyst”.