Saturday, June 2, 2012
A "protective order" is used in a civil case, specifically in a negligence case, a medical malpractice case or a wrongful death case.
Assume your case involves a failure to diagnose cancer. During the course of discovery the defense has asked for copies of your podiatry records from 15 years ago. The podiatry records have nothing to do with your surgery and the corrective treatment you had afterwards.
The law puts the burden on us and affirmatively ask the judge for an order preventing the defense lawyers from requesting and obtaining those unrelated records.
We must support our request with case law and explain to the court why the defense is not entitled to these records. The defense then has an opportunity to reply. The judge then makes a decision and if he feels we are correct, he will issue a protective order that prevents the defense from obtaining those records.
Watch the video to learn more.
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at firstname.lastname@example.org. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021