Ask Hypothetical Q's on Cross-Exam at Trial


Uploaded on February 21, 2012 by Lawyers Video S...

One of the best tools you can use on cross-examination of a medical witness in a medical malpractice or wrongful death case in New York is the hypothetical question.

The defense expert will totally disagree with your position and make very clear they think you are wrong. What do you do then?

Establish the facts upon which the expert has based his opinions. Then change the facts and ask him for his opinions if the facts have changed.

"Doctor, I want you to assume for a moment that the following facts are true..."

"Assuming those facts are true, you would agree that the failure to recognize a bowel perforation during the performance of this abdominal surgery would be a departure from good care, correct?"

Continue asking lots of hypothetical questions with your set of facts as the foundation.

Watch the video to find out why these hypothetical questions can help turn a defense witness into an advocate for your claim.

To learn more about how accident, wrongful death and medical malpractice cases work in the state of New York, I encourage you to explore my educational website,

If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at 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

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