Client Testimonials

Constantly Helps Those Around Him

John is knowledgeable and experienced but more than that he is a good human. He helps those around him on a consist basis, offering lawyers advice, giving of himself and his office.…...Read More

A Top Notch Choice For Legal Representation

I have owed Attorney Fisher this 5 star review for some time now and am finally getting to it. I am a young Attorney in CT and I learned about Attorney Fisher…...Read More

Knowledgable, Compassionate, and Caring

I recently contacted Attorney Fisher to discuss a potential medical malpractice claim. Like most when calling an Attorney I had hundreds of questions and needed answers. Attorney Fisher was both kind and…...Read More

A Gift To Other Attorneys

What thorough, practical, real world, business development information he has provided for you in his books entitled The Power of a System and The Law Firm of Your Dreams. He really gets…...Read More

No Other Attorney I Would Rather Work With

John Fisher is extremely knowledgeable and an incredible person. There is no other attorney I would rather work with, or trust to handle something as important as a medical malpractice case....Read More

Depositions In New York Medical Malpractice Cases: Proving Your Case

Laws

There are many important parts of any lawsuit, specifically a New York medical malpractice case. Everything from the pleadings, expert disclosure, and motions in limine prior to a trial are important. But one of the most important parts of any lawsuit, especially a medical malpractice case, are the depositions. This is where a personal injury case can be made or broken.

A deposition is also known as an examination before trial and is oral questions. There is a stenographer who creates a record of the questions asked and the answers. The actual plaintiff and the actual defendant is present. Each side’s attorney is also present with the party. There may be other witnesses for each side called, or non-party witnesses.

Usually the plaintiff (the actual party) is called first and the defendant’s attorney asks the questions. If there are other defendants they may ask questions too. Normally the party’s own attorney will not ask any questions, because that attorney can just get an affidavit from his or her client.

After the plaintiff and the plaintiff’s witnesses are deposed, the defendants get deposed by plaintiff’s attorney. This could be the actual defendant, like the doctor, or a representative on hospital policies, or a fact-witness. These are all very important because they help prove a plaintiff’s case or dispel defenses.

Medical malpractice cases are won or lost at depositions. This is because a plaintiff who is injured could get cornered and defeat his or her case. Even if the liability is unquestionable, damages are very important to get compensation. If a plaintiff testifies to not having that severe of injuries or that the pain and suffering is not so severe, that can completely defeat an entire case.

Alternatively, a defendant doctor can completely break down during a deposition. Many times a doctor may be arrogant or believe what he or she did was not wrong. It can be easy to trap some defendant doctors too and get them to admit certain facts that they probably should not. Alternatively, using them as an expert witness against themselves is a good way of proving your case. This requires an experienced medical malpractice attorney to win your case.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.