Can You Include the Police Report into Evidence
You are involved in an auto accident and the police officer comes to the scene to take down information. He records certain information from witnesses and now in the report, it says that the police officer believed that the accident was caused by the other driver. Can you use this information at the time of […]
Facts about Accident Cases and Quick Settlement Offers
When you file a personal injury lawsuit for claiming compensation for your losses and injuries you have suffered in an accident, usually the insurance company has to make the payment, since the defendant will have insurance coverage. For the insurance company paying claims and settlements are losses, and therefore they will do everything in their […]
Should an Accident Lawyer Visit the Scene of the Accident
Trying to Picture the Accident Scene In every type of car accident, it is critical for the accident lawyer to go to the accident scene, and to see for himself where this incident occurred. There is an important reason for this. After the accident, you the injured victim are going to consult an accident attorney and […]
Your Personal Injury Case can be Dismissed even before it Starts
You have suffered significant injuries because of an accident, and you believe you have a strong personal injury case. You start the proceedings for filing a lawsuit to claim compensation, but, before your case has a chance to move off the ground, you find out that the defense has made a motion to dismiss your […]
Does the Defense Give up When the First Medical Expert Thinks the Case is Indefensible
In a medical malpractice case, the defense hires a medical expert, and this expert gives a negative review, meaning there is liability and responsibility. Then in such a situation will the defense give up?
Importance of Patient Safety Rules
What is the Purpose of having Patient Safety Rules?
Including a Doctor’s Chart into Evidence
When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.
Judgment Call is the Most Common Defense of a Doctor
One of the most common defenses that doctors and their attorneys use in medical malpractice cases is the judgment call defense. When you bring a lawsuit against a doctor, claiming he did something wrong, the doctor could say at trial that it was his medical judgment to treat this patient in the way he was treated.
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.
Types of Damages and Liens in a Medical Malpractice Case
What type of damages can you claim by filing a medical malpractice lawsuit?
