What happens When a Juror does not Follow the Law in a Medical Malpractice Case
What happens if one of the jurors during the course of deliberations refuses to follow the law as the judge has instructed the jury? Can the other jurors do something about this? The answer is yes-the other jurors can do something about it.
Is it Possible to have Non-Jury Trial for Your Medical Malpractice Case in New York
Usually most cases have a jury trial, but it is possible to have a non-jury trial for your medical malpractice case in New York. When your case comes up and it is just about to be put on the trial calendar, you have the option of checking off one of two boxes which say jury and non-jury trial. In correlation with this scenario, it is up to you, whether you want to open the door to a jury trial, or you would like only a judge to listen to your case and pass judgment.
Is Your Lawyer Vouching for Doctor’s Credibility by Calling Him to the Stand
You have sued a doctor in a medical malpractice case in New York, and your lawyer is going to put the doctor on the witness stand at trial. The mere fact that your lawyer has called this witness to the stand, does it mean that your lawyer is vouching for this doctor’s credibility?
Lack of Informed Consent in a Medical Malpractice Case
When your doctor does not tell you that you could suffer a complication that you are suffering now after going through the medical procedure, then would that be a valid basis for filing a medical malpractice case. The answer is maybe. Lack of informed consent means failure on the part of the doctor to provide sufficient information, so that the patient can take an educated decision. However, in most instances, lack of informed consent cannot be the only basis for filing a lawsuit.
Overcharging for Medical Records
A fire department surgeon is fined $10,000 for charging a patient $66 extra to provide his medical records. The patient was an 89-year-old man, who had requested his medical records from the surgeon. In the state of New York, any person can request copies of his or her medical records.
What are Pharmacy Errors
Pharmacy errors arise typically when patients go to pick up their medication, and they start taking the medication without looking at the particular pill or reading the inserts that accompany the particular medications. If it is the wrong medication then the patient will get sick or have some sort of negative side effect that could lead to dire implications.
Res Ipsa Loquitor in a Medical Malpractice Case
In order to file a medical malpractice case in the state of New York, you are required to bring in a medical expert to support your claim. The claim should show that there was wrongdoing, the injuries were caused by the wrongdoing, and the injuries are significant and/or permanent. However, in certain instances expert testimony is not required.
What is involved for Filing a Medical Malpractice Case
A Thorough Investigation
Should You Accept a Settlement for Your Medical Malpractice Case
A person has suffered significant injury because of carelessness of a doctor, and has filed a medical malpractice lawsuit to claim damages. Now, close to the trial date, the defense makes a settlement offer. The lawyer informs his client about the offer, tells him the amount, and recommends that the accept it. The client is very disappointed by the offer, and in fact asks his lawyer, whose side he was representing.
Two Strategies Used by the Defense in Medical Malpractice Cases
You have been injured because of the negligence or carelessness of your doctor and you have filed a medical malpractice case to seek compensation for the harm and injury done to you. Filing a medical malpractice case is not easy, since you need a medical specialist to review your case and give his or her approval for the validity of your case. Once that is done, your case is filed; however, the defense will employ two very strong strategies that can even have your case dismissed.
