Do We Have To Disclose Who Our Medical Experts Are? NY Medical Malpractice Trial Attorney Explains


Your medical malpractice case is coming up
for trial. Do we have to tell the defense attorney which
medical experts are coming in on our behalf? Would you like to learn the answer? Come join me as I share with you this answer. Hi. I’m Gerry Oginski. I’m a New York medical malpractice and personal
injury trial attorney practicing law here in the state of New York. I’m shooting video outdoors, the sun is
going down, but I wanted to give you this information quickly before I headed back inside. As your case proceeds to trial, we are required
to notify the defense lawyers that we have retained medical experts that are going to
come in and testify on our behalf. Now why do we do that? It’s to eliminate surprise. Now many people think that we actually have
to identify and name the experts and tell the defense attorneys who are experts are. Well in New York that’s not the case. However, we do have to provide the defense
attorney with critical information about what the expert is going to be testifying about. We have to very specific so that they have
a clear understanding of exactly what the theories are that our experts will be talking
about, as well as the basis for their conclusions. One of the things we do have to provide the
defense attorneys are the credentials of our particular expert. Where did they go to medical school? Where did they do their residency training? Do they hold a fellowship? Do they hold any certificate or special certification? Are they board certified? In what states are they licensed? All of this information has to be provided
to the defense attorneys before this case goes to trial. Now you would think in this day and age with
today’s technology you can simply plug that information into some website or some software
program and it’s going to identify you and tell you exactly who that medical expert is. And if that’s what you’re thinking, you
are 100% correct. The defense attorneys do this on an everyday
basis. Likewise, when they identify their medical
experts who they are going to be bringing into court, we do the exact same thing. We take the expert’s credentials, their
information; we go to a particular website or software program. We put that information in and we track down
who the expert is. And why do we do that? So that we can now identify who the expert
is and then try and dig up any dirt of this expert to see whether or not they’ve contradicted
themselves in the past. We want to know exactly what they’ve testified
in the past and who it is that’s coming in. So why do I share this information with you? I share it with you just to give you an insight
and an understanding into some of the things that go on in preparing a case for trial. You typically don’t hear about these things
until the time of trial. You probably have questions and concerns while
you’re watching this and if your matter happened here in the state of New York and
you have legal questions, what I encourage you to do is pick up the phone and call me. I answer legal questions like yours every
single day and I welcome your call. You can reach me at 516-487-8207 or by email
at [email protected] I’m Gerry Oginski, here in New York. Thanks for watching.

2 Replies to “Do We Have To Disclose Who Our Medical Experts Are? NY Medical Malpractice Trial Attorney Explains”

  1. Once an expert is identified are you then able to use a computer program to research the number of cases and states in which they have given testimony?

  2. Hi Betty,
    Once we identify a medical expert, there are many ways available to track down the cases they've testified in as well as obtain the transcripts. This is powerful, especially if that information contradicts what they're testifying about in your particular case.

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