Defense Expert Says - I didn't prepare any notes - ; i don't believe him; ny attorney oginski explains

Defense Expert Says "I Didn't Prepare Any Notes"; I Don't Believe Him; NY Medical Malpractice Attorney Gerry Oginski Explains ****** 516-487-8207 Email: ****** In a medical malpractice case here in New York, we must have a medical expert confirm that (1) there was wrongdoing, (2) the wrongdoing caused injury and (3) the injuries are significant or permanent. If the case goes to trial, our expert will come in and testify about each of those things. Likewise, the defense we'll hire their own medical experts to support their claim that there was no wrongdoing and that the wrongdoing did not cause injury. During cross examination, I have an opportunity to ask the medical experts what notes and records they reviewed in order to reach their opinions and conclusions. These cases typically have hundreds and hundreds of pages of medical records to review. It is often difficult if not impossible for a doctor to know and remember all the details of every page of every document he reviewed. Many doctors will take notes when reviewing a case to determine if there were violations from the standards of medical care. Why is it then when I ask the defense's medical expert if he has any notes and he says “No, I don't have any notes,” that I likely do not believe him. It's precisely because of the fact that it is extremely difficult for a doctor to have a total photographic memory of all the details of every medical record he has reviewed in a case. The other reason why medical experts typically will claim they don't have any notes is because if they say “Yes, I have my notes with me,” I now have an opportunity to read and review those notes and then spend a considerable amount of time cross examining the doctor based upon what is contained in his notes. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: ****** Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: ****** To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪****** If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at ****** This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 67 Cutter Mill Road Great Neck, NY 11021 516-487-8207 Email: ******

The defense's medical expert said he didn't prepare any notes in preparation for coming in and testifying. You want to know why I don't believe him? Come join me for a moment as I share with you some great information. Hi, I'm Gerry Oginski. I'm a New York medical malpractice and personal injury attorney practicing law here in the state of New York. I'm getting bitten up and nights, beautiful evening, and now I want to share this great information with you. Now, during the course of trial, the defense's medical expert gets up to testify and after he's done being questioned by the defense attorney, I now have an opportunity to cross-examine him. One of the things I'm going to be asking him is, "Hey, Dr. Jones, what records did you bring with you into court today? As a result of reviewing these medical records, did you write any notes?" "Oh, no, I didn't." "You didn't review any notes? Are you telling us, Doctor, that you have such a fantastic photographic memory that you can memorize all of these hundreds of pages of medical records?" I'd love to hear what he has to say. He's going to say, "Oh, no, no, I reviewed the records again." "Well, when you reviewed it the first time, did you take any notes?" "No, I didn't." "Well, how did you remember what was going on years later?" "Oh, I had to refresh my memory and review it." Defense medical experts typically have to review hundreds of pages of medical records. There is no possible way they're going to remember every single detail unless they take notes, but do you know why most of them will turn around and say, "No, I don't have any notes?" It's because if he took notes, I have the opportunity, the legal right to see every single note he wrote. I have the opportunity to cross-examine him on every single note that he took. Every document that he wrote, every comment, every single observation that he wrote, I have the opportunity to see it and then cross-examine him on those notes. The doctor doesn't want that to happen. The defense attorney doesn't want that to happen because the moment I get a hold of those notes, now I'm going to have a field day on what he saw, what he wrote, what he observed. I can spend a great deal of time going through each and every entry of his notes, but you will find that the best defense attorneys turn around and tell their doctor during preparation for coming in to testify, "Doctor, you didn't bring any notes with you, correct? You didn't make any notes as a result of reviewing this case, isn't that true? Nor did you write any report up as a result of your review, isn't that correct?" Because the moment the doctor says, "Yes, I did," now I'm entitled to see that note. I'm entitled to see that record. I'm entitled to see that report and I can cross-examine the doctor on all of those notes and records. Why do I share this great information with you? I share it with you just to give you an insight into what goes on during the trial process in a case involving accidents or medical malpractice or even wrongful death here in New York. You know, I realize you're watching this video because you have questions or concerns about your own particular matter. Well, if your matter did happen here in New York and you're thinking about bringing a lawsuit but you have questions and you need answers to those questions, what I invite you to do is pick up the phone and call me. I can answer your questions. This is something I do every single day and I'd love to chat with you. You can reach me at 516-487-8207 or by email at gerry@oginski-law.com. That's it for today's video. I'm Gerry Oginski. Have a great day!