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Witness Lies at a Deposition or a Trial

If the plaintiff’s attorney catches a witness in a lie at a medical malpractice deposition or at a trial, should he make a bid deal about it at that time or should he wait? There are different ways to address the issue of witness lying on the stand or at deposition. Several tactics and strategies are there to maximize the effect of witness lying during pretrial testimony or at the time of trial.

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Violation of Basic Standards of Medical Care

In a medical malpractice case it is critical to explain to the jury, what were the expected standards of care in the treatment how were these standards violated, and why such violation made a difference? For instance, you may have consulted a doctor for some health issue, and after receiving treatment from the doctor, you end up with an injury rather than getting back on track and getting your health back. You would want to know, whether the doctor has violated the basic standards of care that caused you harm.

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Intentionally Exposing a Weakness in the Opening Argument

There will be instances when your lawyer could voluntarily expose a key weakness in your medical malpractice case in his opening arguments. This may sound quite shocking to you, since you would have thought your lawyer will start building a strong foundation for your case right from the start. Willingly presenting a weakness to the jury in the opening arguments might not seem right.

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Failure to Diagnose Cancer Early

Here is a scenario where the doctor has failed to diagnose lung cancer in a timely manner. After filing a medical malpractice case, the plaintiff’s lawyer has a chance to question the doctor during a pre-trail question and answer session known as a deposition. The lawyer will try to focus on key areas by asking how the treatment would have been different if the lung cancer was diagnosed earlier in time.

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Experienced Lawyer and Strong Case is no Guarantee for Winning

You hire a medical malpractice attorney based on his past results, and you firmly believe that this attorney could never lose your case at trial. However, this line of thinking on your part is quite flawed. Many lawyers tell potential clients that they have sterling results in the past, and even show them a list of cases that they had won, and huge settlements that they were able to obtain for their clients.

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