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When You Start Your Medical Malpractice Lawsuit, How Does the Judge Know How Good Your Case Is?

you know you have a great case you

decide to sue your doctor for medical

malpractice that he was careless and

caused you significant harm and injury

when you start your lawsuit how is it

that the judge and the defense attorney

know how great your case is you I know

the answer come join me for a moment I

show you some great information

hi i'm gerry oginski i'm a new york

medical malpractice and personal injury

attorney i have a few minutes to share

some great information with you on this

brief walk around the neighborhood and

now here's the question when you go

ahead and start a lawsuit you know in

your heart of hearts that you have an

excellent case a medical expert has

already confirmed that your doctor was

careless and caused you significant harm

and injury and that that carelessness

was a cause of your injury and that your

injuries are significant so now you know

this your attorney knows this the

medical expert who reviewed your case

knows this but when you start the

lawsuit how is it that the judge knows

this how is it that the defense attorney

knows this and you want to know the

answer they don't they know nothing

about your case the defense attorney

knows absolutely nothing all he knows is

that you have served certain legal

allegations against the doctor whom you

have sued all the defense attorney knows

is that he's received papers about

allegations that you have made against

your doctor

these are generalized legal allegations

that don't really give him the facts and

don't tell him specifically exactly what

happened and why you have such a great

case likewise when we notify the court

that now we have a case that's active

the court doesn't yet know what the

facts of the case are they don't know

the details they don't know how great

your cases so what happens during the

course of discovery it allows us the

opportunity to learn more information

about exactly what was done by the

various witnesses that were involved

likewise the defense has an opportunity

to gather your medical records and how

do they do that they do that by

requesting permission slips from us that

will allow them to go ahead and get your

medical records directly from the doctor

and you should know that we are still

obligated to provide the defense with

copies of whatever medical records we

have already obtained so we provide it

to them and now we're also obligated to

tell the defense attorney hey listen

here's a detailed

itemized list of exactly why we believe

we have a very strong credible case it's

known as a bill of particulars and in

that bill of particulars we are

obligated to itemize and detail exactly

why we believe the doctor was careless

why we believe that his carelessness was

a cause of your injury and now we have

to itemize the extent of your injuries

and those things you can and cannot do

the doctor failed to do this during the

course of surgery and because of that

you now suffered the following problems

and because of all those problems you

were out of work for a period of years

and now any other injuries or damages

that we are aware of we have to tell the

defense attorney as well so now the

defense lawyer gets that information and

they say you know what I don't know

whether what you're claiming is true or

not prove it

give me those documents let me look at

it for myself so we actually have to do

that as part of the discovery process so

we give the defense those documents and

we give them permission slips known as

authorizations to go ahead and get those

records on their own after they

accumulate those records and go through

that now they'll have a better

understanding of how good your case

really is so now let's get back to the

second part of the question that I asked

how does the judge know how good your

case is and the answer is he doesn't but

you should know that from time to time

during the course of your lawsuit the

attorneys are going to come into court

to give the judge an update on what's

going on with your particular case these

are known as compliance conferences or

status conferences the judge wants to

make sure that we are providing the

defense with all of the appropriate

documents needed that they need to

evaluate your case and likewise that the

defense is providing us with any

documents that we want as well

and that we're on schedule and on track

to get this case moving forward and

invariably there are disputes that arise

amongst the attorneys saying listen

judge he's not entitled to receive

fifteen years worth of medical records

this only relates to a period of time

two years before this instance happened

the judge will resolve the disputes that

arise among attorneys about the

discovery that has to be exchanged in

addition to resolving those discovery

disputes but in most cases the judge is

not going to have an opportunity to give

us the time necessary to go ahead and

fully get involved in our case

because he's got a full caseload and he

sees hundreds of cases a week that he

now has to deal with so how does the

judge really know that you have a great

case in all likelihood when your case is

ready for trial the judge will ask the

attorneys to come in for a settlement

conference at that time he will have

more time to spend to listen to what the

facts really are and to put pressure on

both sides to see if they're willing to

negotiate and resolve this before going

out to trial that's the most likely time

that the judge will really get an

understanding of what's going on and how

good your case really is so why do I

share this quick information with you I

share with you just to give you a sense

of what really goes on in these medical

malpractice cases in New York you know I

do realize you're watching this video

because you want to see the beautiful

scenery

now I understand you're watching this

because you likely have questions or

concerns about your own matter well if

your matter did happen in New York but

you have not yet started a lawsuit

because you still have questions that

need to be answered what I invite you to

do is pick up the phone and call me

you know I answer questions like yours

every single day and I'd love to talk to

you you can reach me at