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"Doctor, Do You Have an Opinion With a Reasonable Degree of Medical Probability?"

Posted by attorney Gerald Oginski

In a medical malpractice case in New York, we are required to bring in a medical expert to testify on your behalf. For an expert to give an opinion, we need to ask the doctor to express an opinion with a reasonable degree of medical probability.

In addition, when questioning a doctor at his pre-trial testimony known as a deposition (a question and answer session given under oath), I am permitted to ask the doctor opinion questions about the medical care he has given.


A doctor who is sued in a medical malpractice case in NY is presumed to be an expert in his or her field of medicine. As an expert, I can question him about his opinions and conclusions.

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