In a medical malpractice case each side must appear for a pre-trial deposition also known as a question and answer session under oath.
When I have an opportunity to question the doctor who you are suing, there are certain points that must be made.
It is possible to use the doctor's own testimony to prove our case. However, in order to do so successfully there are certain things that must be asked and answered.
You see, in New York, I am permitted to ask the doctor questions about his medical knowledge and training. I am permitted to inquire about the standards of medical care since the physician is presumed to be an expert in his medical field. In addition, I can and will ask the doctor about his expert medical opinion and conclusions.
Here's a sample of questions that establish the standard of care in a failure to diagnose appendicitis case.
These are just a sample of questions that can be used in a failure to timely diagnose a ruptured appendix case. They will establish the doctor's basic knowledge of medicine and surgery and also establish standards of care. Then, when we go through the specific facts in your case, the doctor will be required to admit or deny whether he believes he departed from the standards of care.
As you might expect, the doctor will not voluntarily admit that he departed from good care. However, in NY, I am also permitted to ask the doctor hypothetical questions using the facts as we believe them to have occurred as the fact pattern. In the case where our facts are supported at trial with evidence and testimony and the doctor has agreed that if those facts are true then the standards of care may have been violated, that will go a long way toward showing the jury that you are entitled to a verdict in your favor.