Many injured victims of medical malpractice think that by bringing in multiple medical experts to testify, that will get the jury to realize that the doctor not only was wrong but very wrong and extremely wrong.

That logic has some truth to it.

It would be nice if we could bring in multiple experts to all say the same thing. This way they could all bolster the same testimony and let the jury know that every one of our medical experts has the same opinion.

If that were the case, then the defense would simply bring in one more expert than we had in order to show to the jury that now they have four or more experts saying the same thing compared to our three.

This is known as cumulative testimony.

If a doctor is coming in to talk about the same thing that another expert has talked about and is simply being brought in to bolster each others' testimony for the same side, that would be known as cumulative testimony.

The bottom line is that cumulative testimony is not permitted in a medical malpractice case here in New York.

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer
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