Thursday, February 7, 2013

"Objection Judge! This Witness is Not Qualified!" NY Medical Malpractice...



Gerry's Educational Medical Malpractice Website
516-487-8207
lawmed10@yahoo.com

The judge calls out "Counsel, please bring on your next witness."

Your attorney says "I call Dr. Jones, our medical expert."

The defense attorney jumps up from his chair and yells out "Objection judge, this witness is not qualified!"

The defense attorney is arguing that the witness we intend to call to the witness stand is not qualified to testify about a particular subject.

What likely happens next is that the medical expert will be asked to take the witness stand and will be sworn in. A voir dire will then be conducted. What this means is that the defense attorney will have an opportunity to question this medical expert about his credentials.

After the defense attorney has an opportunity to ask the witness about his credentials, I will then have an opportunity to ask the doctor specific questions about his training and credentials to show to the court why this witness is fully qualified to testify in this case.

If the judge permits this witness to testify, the jury will be brought back in and I will begin questioning the doctor about his opinions and conclusions in this particular case. If the judge refuses to allow this witness to testify, that will create an incredible problem if we have no other medical experts to support our claim.

If the judge finds this witness to be qualified, he will then overrule the defense lawyer's objection and let the jury know that this doctor is qualified to testify.

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

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