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Today I’m going to share with you some questions from a deposition of a doctor in a medical
malpractice case. Would you like to learn what they are? Come join me. Hi. I’m Gerry
Oginski. I’m a New York medical malpractice and personal injury trial attorney practicing
law here in the state of New York. When I have an opportunity to question a doctor at
their deposition – which is a question and answer session under oath – there are a
few things I really want to know. I want to know what the doctor did and why. I want to
know the rationale behind the treatment they provided to you and this is really important.
Why? Because I need to use this information and this testimony to prove our case. Remember,
I have to show that number one, there was wrongdoing, that the wrongdoing caused injury,
and that the significant is permanent. Now there are a lot attorneys who start off by
questioning the doctor at their deposition by asking them about their credentials. “Doctor,
where did you go to medical school? Where did you do your training? Do you have any
publications?” And those are all important and valid questions. But, I like to do something
a little different. I like to ask the key question in the entire case. For example:
“Doctor, tell me why you operated on the wrong side of the brain. Doctor, tell me why
you operated on the wrong leg.” Now, those questions are very clear cut. Many times they’re
not. But I always want to know what is the key issue in the case and that’s what I
want to focus on first. So for example, in a bowel perforation case during surgery, I
may ask the following series of questions at the very beginning: “Doctor, isn’t
it true that this patient suffered a bowel perforation following your surgery?” Yes.
“And would you agree that during the course of surgery that you be aware if a bowel perforation
occurs?” Yes. And then I’d ask the doctor to explain why. “And in this instance Doctor,
is it true that you did not recognize that there was a bowel perforation during the course
of your surgery?” True. And now I can lead the doctor down a series of questions to explain
why they may not have recognized it at the time. And the doctor is then going to use
that time to explain why it was not visible or why he thinks he didn’t recognize it.
So why is it important for me to ask those key questions at the very beginning? I personally
like to do that because I want to know and get out of the way the key issues in the case.
I want to know what the doctor’s rationale and explanations for why things happened or
did not happen. And then I can get into more details. “Doctor, would you agree that it’s
good medical practice that before closing the patient you examine the bowel and the
adjacent organs to make sure that there is no adjacent injury?” Yes. “And did you
do that?” Yes. “Well explain to me Doctor how it was that this patient developed a bowel
perforation that was never recognized or treated at the time of surgery?” And now it puts
the doctor somewhat on the defensive and they have to give an explanation about why they
missed it. And another series of questions would be “Doctor, if this condition had
been recognized during the course of your surgery, you would have simply been able to
over sew it and the patient would have had no further problems, correct? Or if you recognized
it at the time of surgery you could have called in a general surgeon and they could have come
in and fixed it and done whatever treatment was necessary, true? And in all likelihood
that would have prevented or eliminated the need to have this patient to undergo multiple
surgeries later on, true?” Yes. And again, it identifies the key issue in the case so
that now I know and everybody in the room understands exactly what occurred and why.
So why do I explain this to you? Why do you need to know this information? I explain this
to you just to give you an insight and an understanding into the litigation process
and to what occurs when I question a doctor in a deposition. I’ve been doing this for
almost 24 years now and it’s a fascinating look and an insight into what happens during
the deposition process of a physician in a malpractice case here in New York. You know,
chances are you’re watching this. You probably have questions or concerns about whether or
not you may have a valid malpractice matter in New York. And if your problem happened
here in New York, what I encourage you to do is pick up the phone and call me. This
is what I do every single day and I’d be happy to chat with you. You can reach me at
516-487-8207 or by email at lawmed10@yahoo.com. I’m Gerry Oginski, here in New York. Have
a wonderful day.