Why Do Most Medical Experts Refuse to Bring Medical Records Into Court When They Testify?
http://www.oginski-law.com/library/why-medical-experts-refuse-to-bring-medical-records-to-court.cfm
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email:
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In a medical malpractice trial in New York, we are required to have medical expert support our claim that we are more likely right than wrong that the defense violated the basic standards of medical care causing my client injury.
Often times we will need multiple medical experts to testify at trial.
Likewise, the defense will often have multiple medical experts to come in to dispute our claim that the doctors who have been sued were careless.
If you have an opportunity to sit in a courtroom and watch a medical malpractice trial, you will notice something remarkable when an expert is being crossed examined.
This is particularly true of medical experts.
Here's the scenario...
Imagine the defense attorney has called his medical expert to testify that the doctor we have sued did nothing wrong.
The defense lawyer originally sent his medical expert a package of medical records to review in order for him to reach his opinions and conclusions about whether the treatment his client rendered was appropriate.
Based upon the records that were sent to this expert, he formed an opinion that nothing was done wrong. This expert has just finished telling the jury why he believes the doctor we have sued was not responsible for my client's injuries.
I now have an opportunity to cross-examine this medical expert. I want to know exactly which records the doctor reviewed. I want to know whether this doctor made any notes while he was reading the records.
I have the right to see whatever notes the doctor made to determine for myself whether his original notes and thoughts were different or favorable to us that he has not told the jury about.
This is the key reason why most medical experts don't bring in the medical records they used to review the case.
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: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/why-medical-experts-refuse-to-bring-medical-records-to-court.cfm.
If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at
[email protected]. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email:
[email protected]