Your treating doctor tells you that he cannot come in to trial since he will be away at the time of your trial. What do you do? Is there some way you can take the doctor’s testimony to be used at trial?

Watch the video to learn what a video deposition is and how it can be used at trial in New York.

Watching TV we hear that the prosecutor has to prove their case beyond a reasonable doubt. However, in a medical malpractice or accident case in New York, that is not the standard that we must meet in order to prove that we are entitled to compensation. Instead, we need only show that we are more likely right than wrong that what we are saying is correct. This is known as the preponderance of credible evidence.

If the jury determines that we are more likely right than wrong, then the injured victim is entitled to be compensated for the harm that they have suffered.

Do you realize that the people you have sued will be in court with you each day? Did you ever wonder how your attorney can have a civil conversation with his adversary? Watch the video to learn more.

A Westchester woman was awarded $1.5 million in a case involving improperly performed foot surgery. According to sources, she had a Lapidus bunionectomy performed in 2005 to her right foot. She claimed that during the procedure, too much bone had been removed from the first ray, specifically the medial cuneiform. In addition, she claimed that the first metatarasal was improperly positioned. As a result of being properly performed surgery, she claimed that the forces of her foot while weight-bearing shifted to the second and third metatarsals, causing pain, discomfort and irritation whenever she walked.

Medical malpractice is medical carelessness. We know it happens. Despite this fact doctors continue to point their fingers at lawyers for creating “frivolous” lawsuits. Lawyers point fingers at the doctors for incompetent care, and the doctor silently curses their medical malpractice insurance companies for charging them outrageous insurance premiums to pay for medical malpractice insurance. The undeniable problem is that the injured patient is stuck in the middle.