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In today’s video I want to show you part of a cross-examination I did that showed to
the jury that the doctor was lying on the witness stand. 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. It was
a podiatry case, a failure to properly perform foot surgery. The doctor on the witness stand
was the defense doctor’s expert. So here they are, they put an expert on the witness
stand to defend the case. The doctor had now just given testimony in support of the doctor
who was being sued. I then get up to ask the doctor certain questions. And here’s a sample
of what I asked the doctor. Doctor, did you bring any records with you today? “No, I
did not.” Doctor, you knew after all the years you’ve been testifying in court that
if you brought any records with you into court I’d be able to see everything that you brought
in. ”Well, I don’t know about that. The defense lawyer said not to bring anything
with you.” Doctor, that wasn’t the question I asked. You knew, after all the years you
had testifying in court on behalf of the defense, that if you were to bring in anything I’m
allowed to look at whatever you brought in. Isn’t that true? “Well, again. I don’t
know. The defense lawyer told me not to bring anything.” Doctor, did you bring with you
the medical records that the defense attorney asked you to review? “No, I did not.”
Did you bring with you any notes that you generated or made during the time that you
were reviewing the case? “No, I did not.” And you knew, Doctor that had you brought
in your notes that I’d be able to look at them. That’s true. Doctor, the letter that
the attorney sent to you – along with the medical records to review – did you bring
that with you. “No, I did not.” Where are those records today? “Oh, they’re
sitting in my office; on my desk.” And that cover letter that the attorney sent you, along
with those records, that’s also sitting on your desk? “Yes.” And where is your
desk? And he told us the address. And I said Doctor, are there people in the office right
now? “Yes.” And in fact, you have nurses and receptionists and staff people in the
office working today, correct? “Yes.” Terrific, Doctor. I’m going to ask the court
to take a break and I’m going to ask you to have your staff fax to the court the letter
that you have sitting on your desk. “Oh no, no. It’s not on my desk, it’s in my
car.” Really? It’s in your car? You just told us a moment ago that letter – together
with the records that you reviewed – are sitting on your desk. “No, no. I made a
mistake. It’s sitting in my car. It’s in the trunk in my car.” Really? Where is
your car, Doctor? “At the office.” Terrific. Who’s got the keys? “Well, I have a set
here and there’s a set at the office.” Excellent, Doctor. We can have your staff
go into your car with your keys, get the records, fax the cover letter over to the court. “Oh
no, no. It’s not in the trunk.” Really? Where is it, Doctor? “I must have left it
at home.” It was amazing. It was obvious to everyone in the courtroom that this doctor
had lied and that dramatically changed the entire focus of the case. So now it was no
longer about the merits of the case and the facts, rather it was about the fact that this
doctor on the witness stand lied. And as a result of that, my client was able to win
her case. 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 one particular cross-examination that I was able
to do. You know, chances are you have questions or concerns 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 can answer your legal questions. This is
what I do 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.