Can an Entire Testimony of a Witness be Read out Again
It is the end of your medical malpractice trial and the jury is now deliberating or deciding who could be more likely right than wrong. However, while deliberating, they send a note to the judge, requesting the testimony of a particular witness be read back in its entirety. Will the judge allow that expert witness’s testimony to be read back from start to finish?
Your Expert Witness should be Practicing the same Specialty as the Doctor You are Suing
If your medical malpractice case involves a surgical error, is it ok to bring in a pediatrician to testify as your medical expert witness? The answer is no, this is not the route you want to take.
Why would the defense agree that the plaintiff’s witness is an expert?
You have sustained significant injuries because of carelessness of a doctor or hospital staff, and you have submitted a medical malpractice lawsuit to claim damages and compensation correlating with your suffering and financial distress. Your case has gone all the way to trial, and now when you are about to put your expert witness on the stand in support of your claim, the defense jumps up and agrees that this witness is an expert. Why does the defense do this, and what should your lawyer do in this instance?
Including a Doctor’s Chart into Evidence
When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.
Is there a Time Limit for Cross Examining a Witness
In a medical malpractice lawsuit, the judge asks the lawyer to begin his cross-examination of a witness. When the lawyer stands up to cross-examine a witness, does he have a time limit? Does the judge give a time limit to the lawyer, as to how long he has for questioning the witness?
Can Your Attorney Stop You from Answering a Question at a Deposition
Generally Your Attorney cannot Raise an Objection
The Defense can Change its Stance after a Deposition
In a medical malpractice case, the defense attorney strongly denies that his client has done anything wrong, until the plaintiff’s lawyer finishes questioning the doctor at pre trial testimony. In this case, the plaintiff has suffered significant injury following a colonoscopy procedure.
What is a Missing Witness Charge in a Medical Malpractice Case
It is not uncommon for the defense to have a witness, a critical witness that they have not brought in. For instance, in a medical malpractice case, the defense had hired a doctor to examine the injured victim. This is called an independent medical examination.
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.
Non-Party Witness Deposition
A deposition is a question and answer session that takes place under oath, before the trial. It is also called an examination before the trial, where both parties to the case are asked questions by the opposing lawyers. However, there could be a non-party witness deposition as well, in a medical malpractice or accident case. A non-party witness is one who is not part of the lawsuit.
