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Monday, November 23, 2009

Medical malpractice - your case on the trial calendar - Can Defense Lawyers ask your doctor?

Your New York attorney has notified the Court that your case is finished in court.

Two years have passed since you began your medical malpractice process in New York. You now have to wait months before being notified by the court that jury selection at a given time is to begin. In the meantime, your lawyer tells you that the defense lawyers want to discuss your treating physician. The purpose? To access the dirt and try and minimize your injuries and permanent damage. "Canthey do this? "You ask.

The answer is yes.

Here's what happens when a lawyer told the court in New York state that a case is finished in court:

1. The lawyer has a document with the document as a "Note of Issue", which will be sent to all lawyers in the case. This document says that, that the discovery phase of the process is finished. Discovery is an opportunity for all sides to obtain records, documents and pre-trial testimony about the case. Once the "GradeIssue of "is submitted that the door to a party additional discovery will close.

2. In New York, when a defense lawyer wants, talk to your doctor, they must obtain a permit from you, talk to them. Otherwise, the doctor through the law can not talk to anyone about your care and treatment. "But it's not fair," you say. "Why would they say to my own doctor, bad things about me or my case with his statements ruin?" You ask, how wild.

Here's why:If you bring a lawsuit for medical malpractice and personal injury, place your medical condition in question. They claim that as a result of the misconduct of the doctors, you permanent injury. The defense is entitled to the extent of the injuries that your always learn from your medical records and, if necessary, talk to your treating physicians.

3. Recent rulings in New York has ruled that if a defender, you would like your doctor was question about the caseput on the trial calendar, they can with some limitations.

4. The defender must say first of all, your lawyer, he wants to ask your doctor questions. Your attorney is then required, license, require that you sign up, so that the doctor's permission to speak to the defender. Importantly, should the permission slip to say that the doctor is not obliged to speak to the defender, can do so if he wants. This authorization must also say that the purpose of defenseLawyer not help talking with the doctor at the request of the patient, but only to the defenders in the defense of a doctor or a hospital in this case.

5. If your doctor has volunteered to speak to her on the defense counsel, that attorney obligated to tell your lawyer after the date of meetings or telephone conference with your doctor. The defender is also required to provide your attorney with a written record of the meeting or telephone conference with the treating physician. This isintended to provide both sides with similar information, what was discussed.

The reason is that the patient advocate can speak with her doctor at any time, while the defender does not. Therefore, NY courts have made it possible to place procedures to consider giving to figure out the defense a chance, what the patient's doctor has to say that before the hearing.

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