Learn what a deposition is. Gerry Oginski, a New York Medical Malpractice and Personal Injury Lawyer explains. For more information go to http://www.oginski-law.com or call Gerry personally at 516-487-8207.
@hughforik With injured plaintiff's there's not much opportunity to show custom and habit. However, when questioning a doctor they will often not remember specifics about patient visits. They will then try and show what they customarily do. I often stop them because their custom and practice is useless for my purposes. Just because they've done something a particular way does not mean that the did it on this particular occasion, especially when my client says something totally contrary.
In any type of case I cannot over-emphasize how important it is to have custom and habit testimony. Hence it is great if you have a client with a custom and habit they can testify to in the absence of a specific memory. Same with thing with present recollection recorded. SImilar principles in NY?
@hughforik With injured plaintiff's there's not much opportunity to show custom and habit. However, when questioning a doctor they will often not remember specifics about patient visits. They will then try and show what they customarily do. I often stop them because their custom and practice is useless for my purposes. Just because they've done something a particular way does not mean that the did it on this particular occasion, especially when my client says something totally contrary.
lawmed1 1 year ago
In any type of case I cannot over-emphasize how important it is to have custom and habit testimony. Hence it is great if you have a client with a custom and habit they can testify to in the absence of a specific memory. Same with thing with present recollection recorded. SImilar principles in NY?
hughforik 1 year ago