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"I Call Dr. Jones to the Witness Stand..." Do I Vouch for this Doctors' Credibility by Calling Him?

Posted by attorney Gerald Oginski

New York Medical Malpractice & Personal Injury Trial Attorney



When an attorney calls a witness to the witness stand during a medical malpractice trial in New York, the attorney is vouching for that witness's credibility.

You would expect that an attorney who calls a witness to the witness stand is going to have that witness support and bolster his client's case.

However, when I call a doctor to the witness stand that you have sued in your lawsuit, his interests are adverse to yours.

Some might say he is a “hostile" witness.

Typically, if I call a witness at trial and they're going to support our position and give favorable testimony to our claim, then I can only ask open-ended questions known as a direct examination. I would not be permitted to ask leading questions which is something you typically only see during cross examination.

However, in a medical malpractice case in New York when I call the doctor as my first witness, I am not vouching for this doctor's credibility. Instead, I have the opportunity to question his doctor as if he were a hostile witness (which he is).

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client:

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering:

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

If you have legal questions, I invite you to 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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