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In a medical malpractice lawsuit in New York, how do you get a doctor to admit that he or
she may have departed from good and accepted medical practice? Would you like to learn
the answer? 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. In a medical
malpractice case in New York, I have an opportunity to question a doctor at his deposition – which
is a question and answer session under oath done in his attorney’s office. Now during
that opportunity, I have the ability to ask the doctor questions about his medical knowledge,
about his medical training, and his level of expertise. I’m entitled to know whether
or not the doctor is board certified and what are the standards of caring of treating a
patient with your particular condition. In other words, I get to ask the doctor in a
patient who’s got this particular condition, what exactly is that? And how do you recognize
that particular problem? How do you rule out other problems? What is the differential diagnosis
that you use Doctor in order to evaluate whether or not a patient has this particular problem?
And once you do that Doctor, what are the diagnostic tests that you use in order to
rule in or rule out this particular condition? And would you agree Doctor that a patient
that presents with this particular problem that it’s imperative as you, the treating
physician, to do the following tests? And the reason why it’s important is so that
you can determine and evaluate whether or not the patient is suffering from this particular
condition as opposed to another condition. Correct? And when you agree Doctor the failure
to properly perform these tests, following your evaluation, would be a departure from
good and accepted care? Yes or no? And would you agree Doctor that with a reasonable degree
of medical probability that the failure to do these following tests would be a departure
from good and accepted care, in this circumstance? So what have I shown you? I’ve shown you
just a sample of questions that we use to establish what the standards of care are in
a particular situation involving a medical malpractice case in New York. And then we
go ahead and ask the doctor to establish not only the standards, but what can happen when
those standards are breached. And what can happen to the patient when those standards
are breached. In New York, a doctor is presumed to be a medical expert and so now I’m allowed
to probe the doctor’s medical expertise, establish what the standards of care are for
this particular type of scenario, and then determine whether or not those standards were
breached or violated during the course of your care and treatment. So why do I share
this information with you? I share with you just to give you an insight and an understanding
into what goes on in the litigation process here in the state of New York. It’s important
for a consumer, who’s searching for an attorney, to understand exactly what happens and why.
And this is just a little bit of an insight into the litigation process, into the deposition
process, when I go ahead and question a doctor here in the state of New York. So chances
are you have questions and concerns. You’re watching this video and you probably have
more legal questions. Well, what I encourage you to do is pick up the phone and call me.
I answer legal questions like yours every single day. You can reach me at 516-487-8207
or by email at lawmed10@yahoo.com. I’m Gerry Oginski, here in New York. Thanks so much
for watching.