Written by attorney Gerald Michael Oginski

Ask Hypothetical Questions on Cross-Exam at Trial; New York Attorney Gerry Oginski Explains

One of the best tools you can use on cross-examination of a medical witness in a medical malpractice or wrongful death case in New York is the hypothetical question.

The defense expert will totally disagree with your position and make very clear they think you are wrong. What do you do then?

Establish the facts upon which the expert has based his opinions. Then change the facts and ask him for his opinions if the facts have changed.

"Doctor, I want you to assume for a moment that the following facts are true..."

"Assuming those facts are true, you would agree that the failure to recognize a bowel perforation during the performance of this abdominal surgery would be a departure from good care, correct?"

Continue asking lots of hypothetical questions with your set of facts as the foundation.

Watch the video to find out why these hypothetical questions can help turn a defense witness into an advocate for your claim.

Free Q&A with lawyers in your area

Avvo personal injury email series

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer