Incidents That Will Start or Stop the Clock on Your Malpractice Lawsuit
Date of the Occurrence This is the date the malpractice actually occurred. You were the victim of medical malpractice during surgery or in the emergency department of a hospital. There is no...
View ArticleWhy Do States Have Different Rules & Time Limits For Malpractice?
The U.S. Constitution says all powers not spelled out in the Constitution are reserved to the states. If the Constitution does not give the Federal Government authority to control something, it comes...
View ArticleWhat Do You Have To Prove In A Defective Product Case?
There is a time when you do not have to prove that anybody did anything wrong. That is when you are injured by a defective product, whether it is a surgical instrument, an electrical or mechanical...
View ArticleDo You Always Need an Expert Witness for Your Case?
Do you always need a medical expert witness or a dental expert witness to explain a doctor’s malpractice to the jury? You do, but there is an exception. The function of a medical expert witness or...
View ArticleDoes Res Ipsa Apply in Your Case?
Your lawyer will tell you that pleading res ipsa is risky, and your chances of winning are not good. He will probably recommend using it only as a last resort, if you absolutely cannot find a doctor...
View ArticleWhen Can You Use Res Ipsa in a Malpractice Case?
Obviously, you cannot throw the burden of proof onto the doctor just to make it easier for you. In order for your lawyer to plead res ipsa, you have to satisfy three conditions: 1. What canadian...
View ArticleThe Billion Dollar Malpractice Trust Fund
Juries see a medical malpractice or a dental malpractice lawsuit not as a contest between the doctor and his injured patient, to be divided on strict principles of right and wrong, like a criminal...
View ArticleSuing a Doctor for Malpractice
People used to think that suing a pillar of the community for medical malpractice or dental malpractice was a terrible thing. This point of view was encouraged by the medical and dental professions,...
View ArticleRequirements for a Doctor Patient Relationship
With any doctor patient relationship, there should be mutual respect and trust between the two parties. Support is provided to the patient through open and honest discussion where diagnoses and...
View ArticleDoes Captain of the Ship Doctrine or Borrowed Servant Doctrine Apply in Your...
You may be asking: “What is the difference between the Captain of the Ship Doctrine and the Borrowed Servant Doctrine?” when it comes to determining who is responsible in a medical malpractice or...
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