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The Cross Examination
The cross examination in a medical malpractice of an expert witness is a key step for malpractice lawsuit. It usually decides which way the case is heading. There are many reasons why a cross examination is so important.
Before a claimant files a lawsuit, his attorney studies the medical records of the patient and the hospital thoroughly. Armed with this information, the attorney can proceed to the cross examination confidently. The following facts can then be elicited:
- Whether there is evidence of gross negligence. For example, the doctor was called repeatedly but he failed to appear for the emergency
- Whether the doctors or the hospital has tried to alter the records. Any forgery or false facts will come to light.
- Whether there were any failure in providing an acceptable standard of care
Make sure your attorney has all the facts before proceeding on a cross examination.
To support your claim, you will also have to produce your own expert witness. Your witness should be qualified in the particular field. He should have a thorough knowledge of your medical condition. Check if his opinions are the same as the rest of the medical community. If any inconsistencies crop up, the defense will exploit them fully. Your case can then collapse like a pack of cards.
Your attorney should ask your expert to assist in preparing the case. The expert can guide the attorney on how to cross examine the defense witness. Based on his knowledge, your lawyer can exploit weaknesses in the defense’s arguments.
