Doctor, you mean to tell us, that you’re retired from the practice of medicine, for the last 10 years That’s true. You mean to tell us that you haven’t done this surgical procedure, in at least 10 years That’s true. Why do I bring this up Why would I ask the doctor these questions on cross examination You want to know the answer Come join me for a moment, as I share with you some great information. Hi, I’m Gerry Oginski. I’m a New York Medical Malpractice and Personal Injury Attorney practicing.
Law, here in the state of New York. Let’s say this is a medical malpractice trial. Now, the defense brings in a medical expert to testify. One of the things that I want to ask this doctor on cross examination is, how many years he’s been in practice, whether he is actively practicing medicine today. Now, why is that important Because the jury needs to know, whether or not this doctor is active in clinical practice. They need to know whether he’s done this procedure recently. Is he out of touch Some of these medical experts who come in to testify, are no longer.
Practicing medicine. They’ve stopped clinical practice, but they still have all this knowledge, so they say You know what I can go ahead and be a medical expert. I still have all this great knowledge and information. You know what Maybe they do, but it might be out of date, but they might be out of touch with reality. They may not have done this procedure in years and years, and now the procedure may have evolved. Certain things may be done now, and even though the doctor may read up on it, he may not be technically proficient, and may not be fully familiar.
Medical Expert Hasnt Done this Surgical Procedure in 10 Years! NY Attorney Gerry Oginski Explains
With exactly what the standards of care were, at the time this incident happened. Especially if this doctor has been retired for many years. Sometimes, it’s very challenging for both sides, to find a qualified medical expert, who is willing to come into court and testify, for one side or the other. Now, in those instances, the attorney may have no choice but to hire a doctor who may not be in practice anymore. That’s not necessarily a bad thing, except when an attorney like me gets up to cross examine the doctor, and.
Now exposes the fact that this doctor hasn’t touched a patient in years and years. This doctor hasn’t been in the operating room, for years and years. Now of course, the doctor is going to do everything possible to explain to the jury why he still has this great knowledge and information, and going to continuing medical education classes keeps him up to date, on what the standard of care is. Who do you think is going to be more believable A doctor, who does this procedure each and every day, a doctor who sees patients each and every.
Day, who’s still in clinical practice, and now comes into court to explain to the jury why this procedure was done incorrectly, and why, had it been done correctly, the patient never would have had these injuries, or a medical expert who says You know what, the last time I did this procedure was 10 years ago, and I remember in my day that when I did it, we did it this way, and it was acceptable to do it this way. Which of these doctors is more believable Which would you believe More importantly,.
Which is the jury going to believe Why do I share this quick information with you I share it with you, just to give you an insight, and an understanding into what goes on in these medical malpractice cases here in New York. I recognize you’re watching this tutorial because you likely have questions, or concerns, about your own particular matter. If your matter did happen here in New York, and you’re thinking about bringing a lawsuit, but you’ve questions that need to be answered first, what I invite you to do is, pick up.