FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

When you bring a medical malpractice case against a doctor or hospital in New York, you should be ready for a tough legal battle in court. The hospital or doctor will be hiring the best attorneys, since their reputation and some serious money is at stake. These attorneys will mainly employ three tactics to make their case strong:

When you bring a medical malpractice case against a doctor or hospital in New York, you should be ready for a tough legal battle in court. The hospital or doctor will be hiring the best attorneys, since their reputation and some serious money is at stake. These attorneys will mainly employ three tactics to make their case strong:

  1. They will do everything possible to show that you are a liar.
  2. They will push all your buttons in the pretrial question and answer session known as a deposition.
  3. They will often make you believe that you are friends with them during your pretrial testimony.

Destroying Your Credibility

You are bringing a medical malpractice lawsuit to seek compensation for violations of basic standards of medical care by the doctor who is treating you. The defense attorney has a job to do, and the best way they can do that is to show that you are a liar. When they can show to the jury, you are a liar; it will destroy your credibility and ruin your case. The doctor’s lawyer might trick you into giving contradictory statements, or might make the jury feel that you are exaggerating your injuries and losses. All this is done to show you are lying, and bring your credibility into doubt.

Pushing Your Buttons

Another thing defense attorneys are known to do during the pretrial question and answer session is that they will try everything to move you into an agitated state-to get you riled up and angry. They want to see how easy it is to push your buttons. They want to evaluate ahead of time what kind of witness you are going to be at the time of trial. Therefore, if they know they can push your buttons and fluster your demeanor and state of mind during the deposition, they know they can do the same thing during the trial. When you are frustrated and confused, you will not be able to think clearly and therefore more likely to make mistakes

This is when people have the tendency to say things that should not be said, certainly not in front of the opposition.

Being Your Best Friend

On the other hand, the defense attorney might also take the opposite tactic, and try to be your best friend during pretrial testimony, when they meet you for the very first time. The lawyer will say that he is glad to meet you, and he is going to ask you a series of simple questions.

He might even clarify that these questions are not meant to trick you, and that your attorney is there to make sure he does not hoodwink you into answering something you do not want to. The lawyer will try to be your best friend, by acknowledging what happened to you was terrible and that he is sorry. However, this type of tactic is designed to make you relax so you lower your guard, so that you provide more information than what you normally would. They are not really your friend even though they are trying to act like it!

These are the three key strategies that the defense attorney of the doctor will not want you to know when you are bringing a medical malpractice lawsuit in the state of New York.