Judge Demands Attorneys Agree to Certain Facts; NY Medical Malpractice Lawyer Gerry Oginski Explains
Judge Demands that Attorneys Agrees to Those Facts That are Undisputed NY Medical Malpractice Lawyer Gerry Oginski Explains http://www.Oginski-Law.com/ 516-487-8207 Email: [email protected] Beforer starting a medical malpractice trial in New York, the trial judge will often demand that the attorneys stipulate to a certain set of facts. It doesn't happen every case, but in many trial judges will want the attorneys to agree, before trial, to certain facts that are not in dispute. There's an important reason for this. The judge wants to know what facts are NOT disputed. The judge also wants to know what facts ARE disputed. If the attorneys can agree that the majority of the facts surrounding the medical malpractice are in agreement, then the entire trial can focus only upon those issues that are really disputed. This allows the judge, the witnesses and the attorneys to focus all of their attention and energy on being able to prove or disprove those specific things that are clearly in dispute. Ironically, in every one of these civil lawsuits where an injured victim is seeking compensation because a driver was negligent or a doctor violated the basic standards of medical care, there are ALWAYS factual disputes. IN A CAR ACCIDENT CASE... The other driver will ALWAYS claim he did nothing wrong. The injured victim will ALWAYS claim that the other driver was negligent. IN A MEDICAL MALPRACTICE CASE... The injured patient will ALWAYS allege that the doctor departed from good and excepted medical care. The doctor will ALWAYS claim that he treated the patient in accordance with good and accepted medical practice. Everyone of these cases have significant factual disputes. Every one of these lawsuits also have significant legal issues that typically can be boiled down into one or two major issues that the witnesses and the jury needs to focus on. The judge wants the attorneys who are trying the case to focus their energies and attention on being able to show to the jury those facts and the issues that are disputed. This way, no one has to waste their time focusing on issues and facts that are not in dispute. 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 medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.Oginski-Law.com. If you have legal questions, 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 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 Email: [email protected]
