You might think it's not a big deal for a doctor read his notes into the transcribed and sworn record. That would be incorrect. In fact, it is a very big deal.

One of the primary reasons why we ask a doctor to read his notes into the record at his question and answer session, also known as a deposition, is to make sure that his notes are readable, and that we understand exactly what the doctor was thinking at the time he wrote those notes. For those doctors who do not yet use electronic medical records, it is extremely difficult to try and read their chicken scratch handwriting.

We are required to have our own experts review the patient's records to confirm there is a valid basis for proceeding forward. If our own experts are unable to read the doctor's records and notes, it comes very difficult and challenging to proceed forward. That is why once the doctor has read his notes into the record and that testimony has been transcribed into a booklet, we always take that transcript and forward it to our experts so that they can review the records to make sure that the original conclusions are consistent with what was contained within the doctor's records.

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Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer