Here's What Happens When Pieces Of The Story Are Missing

Think about this: When I speak to a medical expert and send him a client's medical records to review, it is extremely important that we have all of the necessary documents. If some crucial piece of information is missing, my expert may come to a conclusion about your case that is inaccurate because he doesn't have everything he needs.

Image what happens if your case proceeds to trial and you don't tell me everything in your history or background and we don't learn it during the discovery part of your case. At trial you can be sure the defense will have learned it through their investigation and it'll blow up on you at trial. I guarantee it.

The defense will take the missing information and ask our expert the following questions:

Q: Doctor, if you were aware that Mr. Jones was a drug addict, would that change your opinion of the case?

Q: Doctor, if you knew that the patient chose not to take his blood thinner medications to prevent stroke, and he had a stroke, would that change your opinion about the treatment rendered by these doctors?

Q: Did you know that Mr. Jones told the emergency room nurses that he wasn't allergic to any medication?

Q: Assume the nurses asked him if he was allergic and he said no.

Q: Assume that the nurses gave him penicillin because he specifically told them he wasn't allergic to any medications.

Q: Assuming those facts to be true, and by the way, you know that he didn't tell the nurses he was allergic, right?

Q: If he didn't tell the nurses he was allergic to penicillin, and they asked if he was allergic, are you still saying they are responsible for the reaction he suffered when he was given penicillin?

So what happened here?

The expert doctor was never told that the patient failed to inform the nurses that he was allergic. He came to conclusions about the treatment based on incomplete and inaccurate information. The physician had to concede the point on cross-examination that if he had not told the nurses about his allergy, then there was no way the hospital could be responsible for his allergic reaction.

Let's look at it another way: Why would a client with injuries hide information from his lawyer?

The reasons are endless. Some clients feel that it's none of the attorney's business. Some don't like others to know their intimate details of an illness or personal details about their finances. Whatever the reason, a client that withholds information may seriously hamper and jeopardize their case.

The key is to let the attorney determine what information is important and relevant. If I know about a problem in the case, let's say someone was convicted of a crime in the past, I know how to deal with it properly and can advise you how to handle the questions that you will be asked. If you lie about your past history (Q: Have you ever been convicted of a crime?) that is literally the 'kiss of death' for your case.

Remember, your credibility is the most important part of your case. If you are found to have lied during your testimony, the Judge will instruct the jurors that they may disregard all or part of your testimony. In New York, this jury instruction is called "Falsus in uno," which means that if you lied about one thing, there is the possibility that you have lied about other things as well. How can a jury believe you if you cannot even acknowledge your past problems?

When an injured client comes to a lawyer for help they must build a mutual trusting relationship. You must feel confident with your lawyer and his or her abilities. If you don't, you should seriously consider getting another lawyer.

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.