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Medical Malpractice Cases; What is the Standard of Care in New York?" Attorney Oginski Explains

Posted by attorney Gerald Oginski

In a medical malpractice case in New York, a doctor who is being sued is considered a medical expert. What that means is that during his deposition, which is a pretrial question and answer session under oath, I have the opportunity to ask the doctor questions as if he were an expert.

That means I can ask him opinion questions about the treatment that was rendered that calls for opinions or conclusions. In addition, I can also establish through this witness what the standards of care were for treating your particular type of medical condition.

This is important to establish a baseline of the basic standard of care that the doctor should have provided to the patient. Then I will have the doctor go through his own records to determine whether his treatment conformed to his own definition of the standard of care.

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