Tuesday, January 1, 2013
Judge Says "Hand It Over." You Say "No." What Happens Next in a NY Medic...
Gerry's Educational Medical Malpractice Website
516-487-8207
It turns out you are a really good notetaker. Every time you go to the doctor, you bring your notebook and make sure to record your complaints for that day, and the responses that the doctor gave you to each of your questions.
At some point you recognize that you suffered significant injury as a result of improper care and treatment by your treating doctor. You ultimately bring a lawsuit for medical malpractice here in New York seeking compensation for injuries that the doctor caused.
During your lawsuit you are questioned at a question and answer session, under oath, in your lawyer's office. This is also known as a pretrial deposition. One of the questions you are asked is "Do you have any notes about any conversations you had with any of your treating doctors?"
Before having time to even think about the answer, you blurt out "Yes, of course I do."
That response opens up the floodgates of questions from the defense attorney about your notebooks and how accurate and detailed your conversations were and how you recorded them.
What you don't realize is that the defense attorney was setting you up to be able to request all of your records and notes.
You then hear the defense lawyers say to your attorney "Counselor, I am going to request copies of all of your clients notes and records."
You turn around, horrified, believing that your notes were private, personal and confidential.
Your attorney pulls you outside and tells you you'll need to turn over all of those records and notes to him so he can deliver them to the defense attorney. You say "no way."
Find out what will happen when the judge forces you to turn over those records.
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.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. 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: lawmed10@yahoo.com
Twitter: @GerryOginski
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