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What happens when the defense fails to bring in their own medical experts to rebut the
testimony of our medical experts? Would you like to learn what happens? Come join me as
I share with you this remarkable information. Hi. I'm Gerry Oginski. I'm a New York medical
malpractice and personal injury trial lawyer practicing law here in the state of New York.
During the course of trial - whether it's a medical malpractice case, an accident matter
or even a wrongful death matter -- we will be required to bring in medical experts to
show the extents of your injuries and your damages. When the defense attorney gets up
to cross-examine each of the medical experts, his goal is to try and minimize the impact
of the significance of your injuries. Now what if he makes a tactical decision not to
bring in his own medical experts to rebut the testimony of our own medical experts?
Well a number of things can happen. If we get a jury verdict in our favor, what will
happen then is they will likely take this case up on appeal and ask the court to set
aside the verdict and to try and reduce whatever amount the jury awarded. In all likelihood,
if the defense has failed to call in their own medical experts the appellate court (which
is a higher court that now reviews this particular verdict) they are going to look to see what
testimony and what evidence the defense brought in to rebut and show that the plaintiffs'
experts were incorrect or not accurate. And if the defense has tactically chosen not to
bring any medical experts, now the appellate court is only going to have the plaintiff's
(our own) medical experts to rely on the significance of the injuries (of our client's injuries).
And in that instance, it's going to be detrimental to the defense attorney and in all likelihood
the appellate court is going to turn around and say you had the opportunity to bring in
your own medical experts. You chose not to. So now the only thing we can go by are the
medical experts that did come in and testify. And based upon that information, we are now
going to uphold the verdict. And that can happen. It can be extremely detrimental to
the defense if they fail to come in with their own medical expert to rebut our own medical
experts that testify. 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 can happen during the course of
a trial and especially if the defense makes this tactical decision not to bring in their
own medical experts. You know, I realize you probably have questions of your own. Well
if your matter happened here in the state of New York and 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. This is something that I do 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, have a great day!