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Can You Keep Out Damaging Info During Your NY Medical Malpractice or Car Accident Case?

Posted by attorney Gerald Oginski

When you bring a lawsuit seeking compensation for injuries caused by somebody else's negligence or carelessness, there may come a time when you learn that there is some damaging information in your medical records that you would prefer not to come out during the course of the trial.

Is there a way for you to keep out that damaging information to the jury does not legally hear it?

The answer is "Maybe."

Let me explain.

You may have given what you perceive to be as damaging information to the police or medical personnel at the hospital. The defense would love nothing more than to show to the jury the information you provided at the time of your accident and while you were in the emergency room.

Yet, you strongly believe that those statements have nothing to do with how the accident happened.

You also believe that those damaging statements had nothing to do with the doctors who were treating you and evaluating your medical condition.

Is there any way possible to keep out such damaging information?

The answer is again, maybe.

If the statements you have made have absolutely nothing to do with how the accident occurred, how the wrongdoing occurred and have nothing to do with the doctor's diagnosis and treatment of your particular injuries, then there is a good chance that a New York judge will keep out the damaging information.

However, if the defense successfully argues that some of your statements directly relate to the diagnosis and treatment of your medical condition, or the manner in which your incident occurred, then it is possible that the information will come out at trial.

Watch the video and listen to the scenario I describe to see how this can come up in a medical malpractice case, a car accident case or even a wrongful death case here in New York.

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