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Did you know that in a medical malpractice case in New York I have the ability to question
a doctor at his deposition in the form of a cross-examination? Would you like to learn
why? Come join me as I share with you this great information. 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. Now first, a deposition is pre-trial testimony. It's a question and
answer session given under oath. And during the course of the litigation process, I will
have an opportunity to question the doctors that you have sued in your medical malpractice
case. One of the things that I like to do doing questioning of a particular doctor during
the course of their deposition is to conduct a deposition as if it was cross-examination
at trial. And the reason I want to do that is I want to focus the doctor on specific
issues, specific questions. I don't want to ask open-ended questions and now give the
doctor an opportunity to go ahead and give me a ten minute narrative. Many times when
they do that, the doctor will go off on a tangent and will have nothing to do with the
issues or the key things I need to establish. So instead, I'm going to ask direct questions
of the doctor that either require him to agree or disagree or say I don't know or I don't
remember. This way I can address the key questions that I need to and the doctor will either
have to agree or disagree. Doctor, isn't it true you're board certified in this particular
specialty? Yes. Isn't it true that you went to this medical school? Yes. Now Doctor isn't
it true that you saw my doctor on this date? Yes. And she made specific complaints to you
on the first visit, true? Yes. And according to your notes she made the following complaints,
correct? Yes. And based upon her discussion with you, you began to formulate what's known
as a differential diagnosis true? Yes. And Doctor you know that a differential diagnosis
is a formulation to determine what is the most likely cause for the patient's problems
in order of importance or likelihood? Many times I'll get an objection from the defense
attorney. Mr. Oginski, you can't ask leading questions as if the doctor is being cross-examined
at trial. What I then do is tell the attorney politely can you show me where in the CPLR
(which are the rules that we attorneys have to follow) where it says I can't question
the doctor as if he's being cross-examined at trial? And they won't be able to give me
an answer. And the reality is I am permitted to ask the doctor leading questions in the
form of a cross-examination during his question and answer session known as a deposition.
So why do I share this great information with you? I share it 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. You know, in all likelihood you probably have questions or concerns of
your own about your own particular matter. Well as always, if you do have legal questions
what I encourage you to do is pick up the phone and call me. I can answer your legal
questions. I answer questions like yours every single day and I welcome your call. You can
reach me at 516-487-8207 or by email at Gerry@Oginski-law.com. Well that's it for today's quick video. I'm
Gerry Oginski, here in New York. Thanks so much for watching.