A medical malpractice case is typically defended with the following 5 important defenses:
(1) We didn't do it, but...
(2) If we did it, it was an acceptable risk,
(3) However, if we did it, and it wasn't an acceptable risk, then the patient wasn't hurt by it, but...
(4) If the patient was hurt, he wasn't hurt that badly,and finally,
(5) We didn't do it, but even if we did, the patient also contributed too.
It is the extremely rare case where the defense admits causing injury and the extent of injury. Those cases are settled quickly without ever going to trial.
The majority of medical malpractice cases in New York are settled prior to trial. Of the remaining 5-10% that are not settled, the physician wins the majority of them at trial. Defense counsel have gotten their clients off the hook using the defenses listed above.
Obviously, the list above is overly simplistic, but it's easy to see how it applies in any malpractice case.
Jimmy D'Victim arrives in my office claiming that hernia surgery caused a perforation in his colon. The defense will quickly claim that (1) Jimmy needed the surgery, (2) That a perforation is a known recognized risk of the procedure, (3) That there is no real injury, (4) That if there is an injury it's minimal, and (5) That he caused all of his own problems because he moved during surgery or failed to follow the doctor's instructions before, during and after surgery.
Is it any wonder that most malpractice cases are won by the defense?
Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. http://www.oginski-law.com 516-487-8207
Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com/
0 comments:
Post a Comment