Doctor Admits Malpractice If Facts Are True; NY Medical Malpractice Attorney Explains
Doctor Reluctantly Admits Negligence If Facts Are True http://www.oginski-law.com/library/tr... NY Medical Malpractice Attorney Gerry Oginski Explains 516-487-8207 Email: [email protected] It's a medical malpractice case. Here in New York. I now have an opportunity to question the doctor you have sued. This is pretrial testimony. The doctor is defensive. The doctor claims he did nothing wrong. How can I get the doctor to admit he did something wrong? If you talk to someone who you believe did something wrong, getting them to admit they did it or getting them to admit they were wrong can be a big challenge. Knowing this, the courts in New York allow attorneys to ask doctors in medical malpractice cases “What if” questions. This is better described as asking hypothetical questions. A hypothetical question typically asks the doctor to assume that certain facts are true. Then, after listing those facts that we believe to be true, we are then permitted to ask the doctor whether treating the patient a particular way would be a violation of the basic standards of medical care. Asking correctly worded hypothetical questions in medical malpractice cases in New York takes a lot of practice. Hypothetical questions are fraught with many obstacles and challenges by the doctor and his attorney. For example, the doctor may not agree with all of the facts that we present in our question. The doctor might also not agree with the treatment that we describe or not what he had done. If done correctly, the goal of an attorney asking a hypothetical question is to establish a set of facts that are clearly supported by the medical records and other evidence in the case. Then, assuming those facts to be true, you can then use treatment that the doctor rendered to the patient as a perfect example of what you should not do in that instance. If I can get the doctor to reluctantly admit that it would be a departure or violation from good medical practice to do X, Y, or Z, my next question will be “Tell me why Doctor.” I want the doctor to explain in his own words why it would be improper medical care for a physician to treat the patient in that way, in light of those facts. There's a very important reason why I need to ask hypothetical questions during pretrial testimony in a medical malpractice case here in New York. 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: http://www.oginski-law.com/video/card... Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/tr.... If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at [email protected]. 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: [email protected]
