Posts tagged with: "medical+malpractice"
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21 May 2013, 5:57 am
Why Would You Want to Ask Doctor Hypothetical Questions at Trial?NY Medical Malpractice & Personal Injury Trial Lawyer516-487-8207Email: Gerry@Oginski-Law.comI am permitted to ask the defendant doctor hypothetical questions in a medical malpractice lawsuit here in New York."Doctor, I want you to assume the following facts to be true...""Assuming that those facts are true, would you agree that a doctor who treated a patient this way...that would be a departure from of the standard of care?"The… [read post]
20 May 2013, 3:48 pm
Many aspects of the Affordable Care Act (Obamacare) are set to take effect this year. Expectedly, this is causing certain groups to make dubious claims about the effect the law will have on businesses and the “tyranny” of requiring health insurance. Those who support the law are doing a decent job of reminding that the goal of the law is actually to lower costs--and there are signs that the goal will be met over the long-term.
But it is also crucial not to forget a second aspect of… [read post]
20 May 2013, 11:32 am
If you or someone you love is considering plastic surgery of any kind, you would be best to become fully aware of all of the risks associated with surgery in general and your particular surgery in particular. As the population is aging the number of individuals seeking to change or alter their physical appearance in some way seems to be increasing.
Though most physicians are upstanding members of the medical and social communities, one should be cognizant and aware of the potential issues that… [read post]
20 May 2013, 9:54 am
Bankruptcy -- Voidable transfers -- Fraud -- Cash dividend transferred to shareholder in amount equal to shareholder's income tax attributable to his share of debtor's S-corporation taxable income was not avoidable -- Debtor received reasonably equivalent value in form of S-corporation election benefit obtained under shareholders agreement -- Shareholders agreement that requested shareholders' consent to pay a share of debtor's taxes if debtor ever elected to be treated as an S-corporation… [read post]
20 May 2013, 5:51 am
Category: Recent Decisions;Medical Malpractice Opinions
Body:
AC33778, AC33807 - Bridenstine v. Saint Francis Hospital & Medical Center (Medical malpractice; "The plaintiffs, Karen Bridenstine, previously in her capacity as conservator of Gail M. Stalinski and now as executrix of the estate of Gail M. Stalinski (decedent), and John Stalinski, brought this medical malpractice action against several healthcare providers claiming that they had deviated from the standard of care during their… [read post]
20 May 2013, 5:13 am
NY Medical Malpractice & Personal Injury Trial Lawyer516-487-8207Email: Gerry@Oginski-Law.comYou would think that if a doctor has good credentials, he would not need to get judicial approval before being allowed to testify as a medical expert in New York.Years ago, that's exactly what a medical expert would be required to do before he could testify as an 'expert'.This would show to the jury and the judge that the doctor was well-qualified and certified to testify as an expert in his particular… [read post]
19 May 2013, 9:48 pm
NY Medical Malpractice & Personal Injury Trial Lawyer516-487-8207Email: Gerry@Oginski-Law.comAt trial I have an opportunity to cross-examine defense medical experts. Cross examination is an opportunity for me to get to the truth of what the doctor is testifying about.There are many times where I'll need to ask difficult questions in order to show to the jury whether this medical expert is an unbiased witness or simply a hired gun.There are many times where I'm presented an opportunity to push… [read post]
19 May 2013, 4:55 pm
Last year, an estimated 14,000 patients in hospitals in the United States died from an infection called Clostridium difficle, or C-diff for short. Unfortunately, according to USA Today, these 14,000 patients were not alone. As many as 100,000 patients die in U.S. hospitals every year as a direct result of deadly infections, many of which are caused by "superbugs."
Our Costa Mesa injury attorneys know that hospitals make billions of dollars as a result of patients developing these dangerous or… [read post]
19 May 2013, 3:15 pm
How Much to Ask For During Opening Argument in a Medical Malpractice Case in New York?NY Medical Malpractice & Personal Injury Trial Lawyer516-487-8207Email: Gerry@Oginski-Law.comDuring opening remarks in a medical malpractice case, you may be wondering if your attorney will ask the jury to come back with an award of a specific amount of money during the opening statements.If you were to ask the jury for a monetary award during opening remarks, the jury will not yet had an opportunity to hear… [read post]
19 May 2013, 11:00 am
Differential Diagnosis Addressed By Medical Malpractice Lawyer from Brien Roche LawThe term “differential diagnosis” is well-known to physicians but typically is not appreciated by the patient. A differential diagnosis means that the physician probably has come up with a likely diagnosis as to what the problem is but also has listed other potential causes of the problem based upon symptoms, test results and a physical exam. That differential diagnosis does not mean that the… [read post]
19 May 2013, 9:07 am
A generic drug manufacturer has pleaded guilty to a host of federal felony drug safety violations and will ultimately pay approximately $500 million in both criminal and civil fines - the largest settlement involving a generic drug maker, according to the U.S. Justice Department.
The settlement includes $350 million for civil claims and $150 million for criminal penalties.
Our Rock Hill personal injury lawyers understand that the defendant, Ranbaxy, has admitted not only to the sale of… [read post]
18 May 2013, 11:00 am
Heart Disease Discussed By Medical Malpractice Lawyer from Brien Roche LawHeart disease is an ailment that afflicts millions of Americans. Doctors are well equipped to deal with patients who are at high risk for heart disease. Unfortunately there are a lot of people who are in that broad middle category of either being neither high risk nor low risk. Those people need to be monitored and their physicians need to keep a close eye on the various numbers that may apply if they… [read post]
17 May 2013, 3:57 pm
Hospitals are supposed to be clean, sanitary and sterile environments where patients can seek medical care. A lot of attention is paid to making sure that surgical instruments are sanitized and that hospitals have policies in place to ensure a basic level of cleanliness. Yet, USA Today still reports that one out of every 20 patients in a hospital develops an infection while getting care as an in-patient.
Our New York City medical malpractice attorneys know that hospitals make big money off of… [read post]
17 May 2013, 3:36 pm
When you go to a hospital, you expect that you will get treatment and hopefully get better. Unfortunately, many patients pick up something that they don't expect while they are in the hospital: a severe infection. A wave of dangerous "superbugs" has found its way into hospitals in Boston and throughout the U.S. and while hospitals are supposedly trying to battle the bugs, their efforts may not be enough.
Our Boston medical malpractice attorneys know that hospitals fall short in many ways when it… [read post]
17 May 2013, 11:41 am
Hi. My name is Annie
Lawsuit and let me tell you, it’s not easy being me. Politicians constantly insult me. The media constantly misrepresent me. I’ve had Presidents of the United States attack me - by name! My ability to exist at all is threatened
every day.
But today is a good day.
Today, my very existence was publicly validated in ways that I could
never have imagined. Let me explain.
If you look on the op
ed page of the New… [read post]
17 May 2013, 11:41 am
Hi. My name is Annie
Lawsuit and let me tell you, it’s not easy being me. Politicians constantly insult me. The media constantly misrepresent me. I’ve had Presidents of the United States attack me - by name! My ability to exist at all is threatened
every day.
But today is a good day.
Today, my very existence was publicly validated in ways that I could
never have imagined. Let me explain.
If you look on the op
ed page of the New… [read post]
17 May 2013, 11:41 am
The Fifth District Court of Appeal of Florida recently reviewed a trial court's dismissal of a wrongful death action for plaintiff's failure to comply with the pre-lawsuit requirements for medical malpractice cases. In medical malpractice cases, a plaintiff must meet certain requirements, such as investigating before filing suit and giving notice to prospective defendants before filing suit. This case ended well for the plaintiff. However, it is a good example of why it's so important to hire a… [read post]
17 May 2013, 11:00 am
Ophthalmologist Medical Malpractice from Brien Roche LawOphthalmologist-Common Eye Problems
Common eye problems that arise in people over 40 are such things as cataracts, macular degeneration, glaucoma and floaters.
Cataracts are small clumps of protein that form on the lens making it cloudy. This can result in a loss of vision. This vision loss cannot be corrected through glasses or contact lenses. The clouding effect is the actual cataract.
Although there is no cure for… [read post]
17 May 2013, 10:52 am
A new survey of hospital risk managers finds that malpractice lawsuits can give them important clues to holes in their hospitals' patient safety nets that need patching.
The study by UCLA law professor Joanna Schwartz was excerpted in the New York Times op-ed page. Professor Schwartz writes:
New evidence ... contradicts the conventional wisdom that malpractice litigation compromises the patient safety movement’s call for transparency. In fact, the opposite appears to be occurring: the… [read post]
17 May 2013, 9:22 am
So, you’re on your way home from work when somebody behind you, distracted by their cell phone, slams into the back of your car. You step out, back aching, and look over the damage. This seems pretty straight-forward. The guy who hit you is clearly at fault. So all you have to do is get his insurance information, contact your insurance agent, and his insurance company will pay for everything, right? Wrong. This is a perfect example of how something might look simple when in reality it… [read post]