Sunday, February 3, 2013
Gerry's Educational Medical Malpractice Website
If you watch a trial on TV or the movies or even in person in the court room, you will notice that attorneys will often object to certain questions. There many reasons why an attorney will object to a question being asked.
One of the more common objections that you will hear in a medical malpractice trial, an accident trial or wrongful death trial in New York is "Objection! I object to the form of a question."
What this means is that the lawyer who is making the objection does not like the way the question was phrased. The judge must now make a ruling about whether he agrees with that lawyer or disagrees.
If the judge agrees with that lawyer he will say "Objection sustained."
If the judge disagrees with the lawyer who is making the objection he will say "Objection overruled." That means that the witness can now go ahead and answer the question even though one of the lawyers did not like the way the question was phrased.
When a lawyer makes an objection, if the judge disagrees with him, that issue is now preserved if he loses the case and tries to appeal later on. If a lawyer fails to object during trial and loses the case and then tries to appeal that issue later, the appellate court will usually say that the lawyer has waived his right to appeal that issue because he failed to make that objection during trial.
When an attorney objects to the way a question is asked, it simply gives me another opportunity to ask the same question a different way. There many ways to ask a similar question. Creative lawyers can ask the same question ten different ways.
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 email@example.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