For a strong dental malpractice lawsuit, you will have to show: You were a patient of the at-fault dentist (the dentist owed you a duty of care) What the dentist should have done while treating you (the standard of care)
Full Answer
Oct 25, 2017 · The key to making sure you're a good deposition witness in a slip and fall case is to practice, practice, practice with your lawyer beforehand. The third section of a slip and fall deposition (although questions can be asked in any order) will cover the plaintiff’s medical history, damages, and injuries. With respect to medical history ...
The questions that will be asked in a deposition depend heavily on the factual issues involved in the case, and the type of information that the witness is believed to have. However, there are several types of questions that are commonly asked. This article will list them, but it will not provide any information on how best to answer them.
Aug 22, 2018 · Some attorneys will even provide mock depositions or mock cross-examinations as a part of their preparation. During a mock deposition, your lawyer may ask difficult questions, become harassing or appear to take personal jabs at you. This is not unusual, as you are also being trained to handle this type of behavior from the opposing attorney.
The defense lawyer asked you an off-the-wall question. A question that is so far-fetched that I would be well within my right to tell you not to answer the question. That question also assumes a number of facts. It assumes you beat your wife. It assumes you beat her at night.
There are many factors that go into finding the right civil deposition attorney like education, experience, and any history of misconduct. That's why LegalMatch streamlined the entire process so you can find out everything you need to know to make the right decision for you.
A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit.
Depositions are extremely useful tools for gathering evidence, because they allow a witness' testimony to be entered into the record, under oath, without taking up valuable time in the courtroom.
Mediation is considered when parties want to resolve a dispute outside of court. Understand the details and if mediation is right for you!
Litigation costs are all the expenses made during a lawsuit. Discover when defendants must pay your litigation costs and more here !
Depending on how long your deposition was, this could take anywhere from a few days to a few weeks. Once your attorney receives the deposition, it will be reviewed, and then notes made about the strengths and weaknesses of your case. Your lawyer may also determine additional discovery is needed or ask to depose other witnesses to fill in gaps in your testimony.
Mike Berger of Andres & Berger handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.
Since a medical malpractice deposition is a little less formal than a court trial, attorneys will sometimes intentionally badger witnesses in an effort to rattle them. It’s important to maintain your composure throughout the deposition so as not to fall into this trap.
Depositions are transcribed and put into a written or electronic format that can be reviewed at another time. Statements made during a deposition may later be used to impeach your testimony. If you subsequently give conflicting testimony in court, attorneys for the practitioner could refer to a statement you made during your deposition in order to make your credibility seem questionable. Since having your testimony impeached could be detrimental to your case, it’s important to properly prepare ahead of time to prevent this from happening.
Restricts how long a deposition may last (generally no more than seven hours per day for each deponent) Rule 30 also covers subpoena duces tecum, which involves a request to produce physical evidence. As such, you could be required to bring certain documents with you to your deposition.
A deposition basically involves providing testimony under oath much like you would during actual courtroom legal proceedings. It is performed to find out what you know about your case and to preserve your testimony for trial. This is important when it comes to streamlining your case, as the intent is to allow both parties to learn as much information as possible before the court date. This in turn allows each party to review the strengths and weaknesses of their opponent’s case, making it more likely a fair settlement will ensue. The physician/defendant may also be deposed by your attorney; however, as the plaintiff, you will be required to give your deposition first.
That’s because you could be in a state of de clining health, which would make it impossible for you to give testimony later.
The defense lawyer must have a good faith basis to ask the question.
When you bring a lawsuit the defense lawyer has a chance to ask you questions.
That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.
Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country
If playback doesn't begin shortly, try restarting your device.
That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.
Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.
Types of harm that do not lend to easy medical malpractice claims include (1) past pain, (2) mental anguish in waiting for treatment or test result where ultimately the outcome was favorable, and (3) current and future pain in the absence of concrete proof we can show a jury. If there is no clear answer to these last 2 questions (negligence ...
This is often so difficult that it precludes bringing a malpractice claim.
It is usually hard to prove that an infection was caused by malpractice. An exception is an infection due to a central line: there is good data that excellent technique brings the infection rate to almost zero.
You must get this information from the client himself. It is impractical to go through a stack of medical records "looking for the negligence" -- that is similar to a patient asking a doctor "please fix me" without relating any symptoms. That job becomes much easier when a patient says, "I have chest pain on exertion" or "I have blood in my stools."
This article may not be duplicated, altered, distributed, saved, incorporated into another document or website, or otherwise modified without the author's permission through TASA.
In cases involving emergency care in Florida, Texas, and other states, you may have to prove that the care was reckless, not just negligent.
Patients are often unhappy with the results of plastic surgery. These are difficult claims; you can decide whether there is enough to pursue a case by asking for before and after pictures of the affected area or areas.
Why would he do such a thing? Because he wants you to guess. You’ve likely heard someone in your life use the phrase: “I’m going to hazard a guess.” Take our advice. Don’t guess. It’s a hazard.
The audience for a malpractice deposition is typically limited to the attorneys, the court reporter, and the deposed.
If the opposing attorney catches you in a misstatement, he’ll use that record to paint you as untrustworthy. A strong deposition shakes the opposing attorney’s confidence he has a great case. Conversely, flubbing your deposition will make your life hell and your own attorney’s job much harder.
Medical Justice is equip ped to help doctors nail their med mal depositions. We are also equipped to defend your practice from a bevy of other medico-legal issues. We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it all. Schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD, to learn how we can help you address a Medical Board complaint – and a bevy of other medico-legal threats.
If the opposing attorney can dress you in a clown suit, he’ll do so. Do not let the opposing attorney get under your skin. He wants to make you angry and excited because angry, excited deponents make mistakes.
But if you don’t know the answer to a question, it is often best to answer: “I do not know.” Do not supply an explanation.
A long-winded explanation may contain hearsay and contradictions. The opposing attorney will be listening closely for language he can exploit to his client’s benefit. Your greatest defense against a sharp voice are concise, truthful answers.
One of the most important defenses in a dental malpractice case is proper documentation. The patient's dental record must contain a clear chronology of events, future treatment plans, and all important communication between the dentist and patient. Comprehensive documentation also includes:
The defendant dentist then has a certain amount of time to respond to the complaint (typically 20 to 30 days).
Some of the more common scenarios of dental malpractice include: 1 improper extraction of teeth 2 failure to diagnose various conditions (e.g., TMJ, oral cancer) 3 failure to properly treat complications of care (e.g., infection) 4 failure to properly supervise or oversee actions of employees (e.g., hygienists) 5 wrongfully administered anesthesia 6 failure to refer to a specialist, and 7 lack of informed consent.
In order to make a successful case for dental malpractice, an injured patient (and his or her attorney) will typically need to establish the following: the existence of a dentist-patient relationship. the appropriate medical standard of care under the circumstances.
a clear record of the patient's history. a clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. notes written at or near the time of the patient's treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.
The "breach" and "causation" elements are critical. A plaintiff must prove that the health care provider caused the injury or made an existing condition worse by his or her action (or inaction). Again, testimony from a qualified expert medical witness is critical to establishing causation.
If the case does not settle out of court (the majority of cases do end up settling), and is not dismissed by the court, then it will proceed to trial.
The types of dental treatments most commonly involved in malpractice lawsuits are: Extractions: Problems from getting a tooth pulled include injections, nerve damage, and perforations of nearby mouth tissues and sinuses.
Depending on the state, if the investigator believes malpractice occurred, you and the dentist may be scheduled to appear at a dental board hearing. In some states, qualified malpractice complaints are referred to another agency, like the state’s attorney general.
If a dentist injured you in a neighboring state, be sure to file the complaint with the authorities in the state where the dentist works. It’s important to be specific in your complaint.
Dental Anesthesia: Wrongfully administered anesthesia is the most common cause of dental malpractice resulting in death to adult and child patients. Oral Cancer: A dentist’s failure to timely recognize mouth cancers can be deadly to the patient.
Case Summary: Jury Awards $14.8 Million for Dental Malpractice. Kimberly Kallestad, a former high-school cheerleader and varsity tennis player, went to oral surgeon Patrick Collins after injuring her jaw while sledding. Collins claimed he would “be her hero” by fixing her jaw with a surgical technique he had developed.
A finding of malpractice by the state licensing board is compelling evidence in an injury lawsuit. If your injuries are serious and you think you may file a lawsuit, having an attorney prepare and file a complaint with the state board of dentistry is better than handling the complaint on your own.
If the investigator doesn’t think your complaint is strong enough to justify further action, you’ll receive a letter stating your complaint was dismissed. The letter should include instructions for appeal.