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Will Aggressive Cross Examination Work Every Time

Sometimes an aggressive line of cross-examination by the plaintiff’s attorney could backfire in a medical malpractice case. At trial, when the lawyer is cross-examining the doctor or a medical expert of the defense aggressively, it might backfire and harm the case if the lawyer is considering to be badgering the witness. However, if the doctor is combative, repeatedly refuses to answer the questions in simple yes or no, and fights with the attorney for every little word and semantics, then an aggressive cross-examination may not backfire.

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Never Ask the Doctor Why

In a medical malpractice trial, the plaintiff’s attorney has the opportunity of questioning and cross-examining the defense’s medical expert. However, he makes the critical mistake of asking, “Doctor tell us why?” This gives the doctor opportunity to provide an elaborate explanation.

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Questions to Ask the Doctor at a Medical Malpractice Deposition

The deposition is a question and answer session under oath that takes place before the trial. When you have filed a medical malpractice lawsuit, you lawyer will have the opportunity at this session to ask a number of questions to the doctor, to find out more details about the case. The main information the lawyer will try to find out is:

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Bench Trial or Jury Trial for a Medical Malpractice Case

Did you know that when you bring a medical malpractice lawsuit, you have the right to have your case heard by the judge, and render a decision by the judge, as opposed to having a jury rendered decision? Even when this is allowed, most injured victims in New York prefer to have their case heard by a jury.

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Some of the Best Cross Examination Strategies

You must have watched cross-examination of witnesses in a trial, in many popular TV series. However, there are specific strategies in cross-examining a witness in medical malpractice cases. Two key elements of a successful cross-examination are preparation, and keeping the witness on a very short leash.

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Can a lawyer refresh his client’s memory on the witness stand?

Is it possible for the plaintiff’s lawyer to refresh the memory of his client on the witness stand, from the testimony he has provided at deposition? For instance, the client is on the witness stand, and his lawyer wants him to explain to the jury, when he last saw the doctor. The client is not sure, and he says that maybe he saw the doctor in October or November.

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Representing surgical malpractice claims in New York

Everyone knows that surgical procedures have inherent risks, but many patients don’t realize that one of the major risks they face during surgery is medical negligence. Each year, 98,000 patients die as a direct result of some form of medical malpractice, according to an Institute of Medicine study.

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Can Witnesses be Taken Out of Order

Usually in a medical malpractice trial, witnesses are presented in a certain order. However, witnesses can be taken out of order as well, and for doing that, permission has to be issued from the court.

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Defining a Prep Session for a Deposition

There is a preparation session to get you ready for your pretrial session, which is a question and answer session called a deposition. You have filed a medical malpractice lawsuit for the injuries and losses you have suffered due to the negligence of a doctor or a hospital. Before the trial begins, there is the deposition, where you will be asked questions by the defense attorney. Your lawyer will want to prepare you before you actually face this session in actuality.

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Is it Possible to Correct Testimony Given at a Deposition

In a medical malpractice case, there is a question and answer session held under oath before the trial. This session is called a deposition or an examination before trial, and everything is recorded by a court clerk. Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.

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