CrossExamination Of An Expert Medical Malpractice Witness In An Erbs Palsy Case
I had the privilege of questioning a specialist in an erbs palsy case the other day. In Federal Court the parties are permitted to question experts before trial in the form of the deposition (a question and answer session with the attorneys present).
The specialist's curriculum vitae (CV) was over 40 pages long. In my first pack of questions for the specialist, I told him very seriously I was very impressed with his CV. He literally had published hundreds of articles, chapters in textbooks, abstracts, and presentations. Yet in each of the countless publications and articles to his name, he did not have one publication about the issue directly involved in this case.
Also appear for the witness' clinical expertise and present status at their hospital. This pro who was going to be offering opinions about whether physicians at a hospital in New-york rendered the appropriate health care had not completed a vaginal delivery in a long time.
LOOK AT THE BASIS FOR EACH ONE OF THE CONCLUSIONS THE EXPERT HAS REACHED
In the event the facts upon which the specialist rendered an opinion is erroneous or faulty, then his judgment is likewise faulty. It is the duty of each lawyer to whittle away those erroneous facts that the opposing expert has relied upon, to demonstrate this experts' opinion is no longer valid.
"Is not it true doctor that another doctor testified that McRobert's maneuver was utilized during the delivery? You discounted what this witness had to say, did not you? If you had credited what he said- and he was really within the delivery room, you had agree that his statement that McRobert's was used, together with mom's testimony that stress was placed on her belly, would strongly suggest a shoulder dystocia was present, correct?"
"Doctor, assume that Mrs. Jones testified that she had pressure placed upon her belly during her work. Would you agree that truth would be most consistent with the application of supra-pubic pressure? Could you also agree the only time supra pubic pressure is used is whenever there is a shoulder dystocia? If Mrs. Jones' memory of pressure being placed on her belly is right, then you had agree this is evidence of shoulder dystocia?"
"Now physician, in your conclusions, you believed that there was no evidence of a shoulder dystocia on the basis of the info within the medical record, correct? However, you had agree the individual who delivered this child made quite few notes in the record, and in fact the record is devoid of any mention of shoulder dystocia, right? Yet, you decided to base your decision on a record which was missing a whole lot of advice?"
"If shoulder dystocia occurs then that man doing the delivery is obligated to call for help, for the senior most doctor to aid with maneuvers to get ths kid delivered without placing excessive traction on the baby's head. You had agree that excessive lateral traction, in light of a shoulder dystocia can cause, and in fact is easily the most likely cause of erbs palsy."
KNOW THE MEDICATION
In any malpractice case, you got to become comfortable with the medicine involved in your case. You must eventually become a mini - specialist in the narrow issue of medication in your case.
POINT:
Pay careful attention to just what the witness is a specialist in, even though your adversary generates a wellknown specialist against you. A careful evaluation of his own CV typically reveals tons of fodder for cross-examination.
In an erbs palsy case, the attorney must understand the fundamentals:
BE POLITE.
Show the pro's conclusions are erroneous, and do it with a grin!
KNOW THE HEALTH RECORDS
Make sure you review those medical charts over and over again. Understand it better compared to the specialist along with your opponent. It will prove well worth it when you are able to point to an unique part of the medical report the pro cannot remember.
The specialist's curriculum vitae (CV) was over 40 pages long. In my first pack of questions for the specialist, I told him very seriously I was very impressed with his CV. He literally had published hundreds of articles, chapters in textbooks, abstracts, and presentations. Yet in each of the countless publications and articles to his name, he did not have one publication about the issue directly involved in this case.
Also appear for the witness' clinical expertise and present status at their hospital. This pro who was going to be offering opinions about whether physicians at a hospital in New-york rendered the appropriate health care had not completed a vaginal delivery in a long time.
LOOK AT THE BASIS FOR EACH ONE OF THE CONCLUSIONS THE EXPERT HAS REACHED
In the event the facts upon which the specialist rendered an opinion is erroneous or faulty, then his judgment is likewise faulty. It is the duty of each lawyer to whittle away those erroneous facts that the opposing expert has relied upon, to demonstrate this experts' opinion is no longer valid.
"Is not it true doctor that another doctor testified that McRobert's maneuver was utilized during the delivery? You discounted what this witness had to say, did not you? If you had credited what he said- and he was really within the delivery room, you had agree that his statement that McRobert's was used, together with mom's testimony that stress was placed on her belly, would strongly suggest a shoulder dystocia was present, correct?"
"Doctor, assume that Mrs. Jones testified that she had pressure placed upon her belly during her work. Would you agree that truth would be most consistent with the application of supra-pubic pressure? Could you also agree the only time supra pubic pressure is used is whenever there is a shoulder dystocia? If Mrs. Jones' memory of pressure being placed on her belly is right, then you had agree this is evidence of shoulder dystocia?"
"Now physician, in your conclusions, you believed that there was no evidence of a shoulder dystocia on the basis of the info within the medical record, correct? However, you had agree the individual who delivered this child made quite few notes in the record, and in fact the record is devoid of any mention of shoulder dystocia, right? Yet, you decided to base your decision on a record which was missing a whole lot of advice?"
"If shoulder dystocia occurs then that man doing the delivery is obligated to call for help, for the senior most doctor to aid with maneuvers to get ths kid delivered without placing excessive traction on the baby's head. You had agree that excessive lateral traction, in light of a shoulder dystocia can cause, and in fact is easily the most likely cause of erbs palsy."
KNOW THE MEDICATION
In any malpractice case, you got to become comfortable with the medicine involved in your case. You must eventually become a mini - specialist in the narrow issue of medication in your case.
POINT:
Pay careful attention to just what the witness is a specialist in, even though your adversary generates a wellknown specialist against you. A careful evaluation of his own CV typically reveals tons of fodder for cross-examination.
In an erbs palsy case, the attorney must understand the fundamentals:
BE POLITE.
Show the pro's conclusions are erroneous, and do it with a grin!
KNOW THE HEALTH RECORDS
Make sure you review those medical charts over and over again. Understand it better compared to the specialist along with your opponent. It will prove well worth it when you are able to point to an unique part of the medical report the pro cannot remember.