Lessons from Joan Rivers’ Death – Detecting Medical Malpractice
Ever since actor Joan Rivers’ untimely death, rumors are rife about how her doctor went against her wishes to perform a biopsy that might have caused her death. Her daughter has already come out in public and voiced her doubts regarding the doctor’s actions. But it’s not going to be an easy task to prove malpractice especially when Joan herself is not available to tell the world what she had consented to and what had been done to her. So far, we have only been grasping at straws.
Failure to Diagnose in a Medical Malpractice Case
Failure to diagnose a serious condition can be a basis for medical malpractice lawsuit, as the doctor has failed to provide the basic standard of care to the patient. To take an actual example, a person goes to his primary doctor, as he is suffering from significant pain in his left shoulder. The doctor performs a checkup and tells the patient he is fine.
Importance of Requests to Charge in a Medical Malpractice Case
At the end of a trial, before closing remarks are given, the attorneys will give the judge a list about various areas of laws that the judge should instruct the jury about. This is known as Requests to Charge. The lists of the plaintiff and defense attorneys will obviously be different. Each of the two lawyers will be listing things that the jury should be instructed about, which are going to be favorable to their client in the case.
What Happens When the Jury is Deadlocked and is Unable to Make a Decision
For medical malpractice, wrongful death, or accident cases in New York, there is a jury trial. The jury will usually have six members, and at least five members should unanimously agree to a decision to reach a verdict. Only when five members of the jury are agreeable to a decision, a judgment can be passed.
