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Understand When Leading Questions are Permitted and When they are Not

If you have suffered an adverse reaction as a result of medical malpractice or sustained a personal injury in New York, you are entitled to claim compensation. However, this is not a simple procedure because the doctor who committed the error, the person responsible for the personal injury, or their insurance company is likely to dispute the claim and either refuses to make the payment or try and reduce the compensation they offer.

Options before the Affected Party

If you have been affected by medical malpractice or sustained a physical injury you need to consult with a New York medical malpractice and personal injury lawyer before you file your claim for compensation. If the insurance company disputes your claim, your lawyer will then use the information already collected to file a case in court.

Examining Witnesses

When the court hears the case, your lawyer will put witnesses such as medical experts and others on the stand and ask them questions that help the jury understand the events and circumstances of the case. These questions are of two types – preliminary and main.

Preliminary Questions

The preliminary questions asked by your lawyer will help establish the credentials of the witness. For instance, the lawyer will ask if the medical expert went to a particular medical school, completed their residency at a particular hospital, and whether they are board certified. Most of these questions are leading, meaning that the witness just has to answer either yes or no. Most defense attorneys will not object to leading questions at this phase as they help to quickly establish the credentials of the witness.

Main Questions

However, when your lawyer moves on to the specifics of the case, the questions are expected to be open ended. This means that the lawyer will ask the witness what medical reports they examined, what conclusions they drew from them, and so on. The witness will they describe their actions and findings. However, if your lawyer asks leading questions at this stage of the proceedings, the defense lawyer can object. This is because the jury will have to make up their minds about the credibility of the testimony of the expert witness as an independent person presenting their views. Essentially, your lawyer begins by questioning the witness with leading questions, but later on turns the process around and expects the witness to describe their findings and views in their own words.


If the defense lawyer raises objections about the leading questions, the judge can either sustain the objections, in which case the witness is prohibited from answering the question, or overrule the objections, in which case the witness is obliged to answer the question. When presenting testimony from an expert witness, your lawyer should be using open ended questions that help the jury assess the credibility of the witness. If you have any questions regarding medical malpractice or personal injury cases, a competent law firm specializing in these practices.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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