I was asked to do a deposition of a physician in a medical malpractice case here in New York. To prepare for the deposition, I reviewed the entire file as well as all the medical records. The only records we had from the treating doctor were faxed copies that the patient had obtained a few days after her last visit to the doctor.
On the morning of the deposition, before I started asking the doctor questions, I had an opportunity to review the doctor's original chart that he brought with him that morning. Reading through the doctor's original chart I immediately recognized something was wrong.
The original records that the doctor had brought with him were entirely different than the faxed copies the patient had been provided a few days after her last office visit.
Without tipping my hat and without yet revealing my strategy, I handed the doctor's original records back to his attorney. I then began asking the doctor questions about his treatment of the patient.
I was able to confirm with the doctor that: (1) The records he brought with him were his original records, (2) They are the only records for this patient, and (3) That he was the only one who made entries in the patient's chart.
After I'd gotten him to commit and testify to those original records, I pulled out the faxed copies of records that I had my file.
I then began to ask the doctor questions about these copies.
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