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The judge is about to declare a mistrial. Do you want to know the quickest way to get
a mistrial in the state of New York in a medical malpractice case, in an accident case or in
a wrongful death case? Come join me as I share with you some of the common ways this typically
happens. 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. At the very beginning
of the trial, the judge is going to give instructions to the jury and they are very strongly worded
instructions. Those instructions say, ladies and gentlemen of the jury, you are not to
discuss this case during the time of this lawsuit while you are here listening to testimony.
The only time you are to talk about this case is when I have given you the law at the end
of the case and now you go back and deliberate. And one of the other instructions the judge
will give to the jury is under no circumstance at anytime during this trial are you to go
online and search for information about what’s happening in this particular case to learn
information about the witnesses, to learn or do your own research about the facts of
the case or the medicine involved in the case. Because if you do that, what will happen is
you will now be bringing information from outside the courtroom – from outside the
evidence that you’ll be listening to, from outside the witnesses that are going to be
testifying – and applying your own knowledge and information based upon your own research.
And if the court finds out that they have done that, that is one of the quickest ways
to get a mistrial here in the state of New York. Why is that? Because now the jury is
supplementing their own research and their own information for the information that’s
going to be coming in at trial through various witnesses, evidence, testimony and anything
else that comes in during the course of the trial and that is not acceptable. So that’s
why I share with you that the quickest way to get a mistrial is when a jury disregards
the judge’s instructions to do things that they are clearly not supposed to be doing.
So why do I this information with you? You know, I share it with you just to give you
an insight and an understanding into some of the things that go on during the trial
process in a medical malpractice case, in an accident case, even a wrongful death case
here in the state of New York. You know, chances are you’re watching this because you do
have questions about your own particular matter. Well if your matter happened in New York and
you have legal questions, what I encourage you to do is pick up the phone and call me.
I answer your legal questions. I do this every single day and I welcome your call. You can
reach me at 516-487-8207 or by email at lawmed10@yahoo.com. I’m Gerry Oginski, here in New York. Thanks
for watching.