Written by attorney Gerald Michael Oginski

"In New York, can you video a physician's pretrial deposition testimony to use at the time of trial?

New York Medical Malpractice & Personal Injury Trial Attorney


Email: [email protected]

"Can you videotape a doctor's pretrial testimony so that you can use it later at trial?"

First, it's important for you to know that a deposition is an examination before trial, also known as a pretrial question-and-answer session given under oath. A court stenographer is present to record all the questions and the answers that are given.

The answer to the question above is “Yes."

However, in order to do that there are certain procedures that I must follow before I am permitted to videotape the doctor's testimony.

One of the key reasons why we would videotape the doctor's question and answer session is if he is physically ill or disabled and unlikely to come into court and testify later at trial. This would preserve the doctor's testimony so that we could then show it to a jury later on.


In a medical malpractice case New York, we are required to support our claim with expert medical witnesses. There are some instances where our medical experts are unable to come into court and testify. If we know ahead of time that one of our medical experts is unable to come into court and testify, then we would likely videotape the doctor's testimony prior to trial.

One of the key procedures we must follow is that we must notify the defense lawyers that we have retained a medical expert who will testify.

We must tell the defense attorneys that this witness is now unable to come in and testify and that we intend on producing this witness for pretrial testimony and that this witness's testimony will be videotaped with the intention of using it at trial.

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 [email protected]. 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


Email: [email protected]

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