| Here's What Happens When Pieces Of The Story | | | | The expert doctor was never told that the |
| Are Missing | | | | patient failed to inform the nurses that he was |
| Think about this: When I speak to a medical | | | | allergic. He came to conclusions about the |
| expert and send him a client's medical records to | | | | treatment based on incomplete and inaccurate |
| review, it is extremely important that we have all | | | | information. The physician had to concede the |
| of the necessary documents. If some crucial | | | | point on cross-examination that if he had not told |
| piece of information is missing, my expert may | | | | the nurses about his allergy, then there was no |
| come to a conclusion about your case that is | | | | way the hospital could be responsible for his |
| inaccurate because he doesn't have everything he | | | | allergic reaction. |
| needs. | | | | Let's look at it another way: Why would a client |
| Image what happens if your case proceeds to | | | | with injuries hide information from his lawyer? |
| trial and you don't tell me everything in your | | | | The reasons are endless. Some clients feel that |
| history or background and we don't learn it during | | | | it's none of the attorney's business. Some don't |
| the discovery part of your case. At trial you can | | | | like others to know their intimate details of an |
| be sure the defense will have learned it through | | | | illness or personal details about their finances. |
| their investigation and it'll blow up on you at trial. I | | | | Whatever the reason, a client that withholds |
| guarantee it. | | | | information may seriously hamper and jeopardize |
| The defense will take the missing information and | | | | their case. |
| ask our expert the following questions: | | | | The key is to let the attorney determine what |
| Q: Doctor, if you were aware that Mr. Jones was | | | | information is important and relevant. If I know |
| a drug addict, would that change your opinion of | | | | about a problem in the case, let's say someone |
| the case? | | | | was convicted of a crime in the past, I know how |
| Q: Doctor, if you knew that the patient chose not | | | | to deal with it properly and can advise you how |
| to take his blood thinner medications to prevent | | | | to handle the questions that you will be asked. If |
| stroke, and he had a stroke, would that change | | | | you lie about your past history (Q: Have you ever |
| your opinion about the treatment rendered by | | | | been convicted of a crime?) that is literally the |
| these doctors? | | | | 'kiss of death' for your case. |
| Q: Did you know that Mr. Jones told the | | | | Remember, your credibility is the most important |
| emergency room nurses that he wasn't allergic to | | | | part of your case. If you are found to have lied |
| any medication? | | | | during your testimony, the Judge will instruct the |
| Q: Assume the nurses asked him if he was | | | | jurors that they may disregard all or part of your |
| allergic and he said no. | | | | testimony. In New York, this jury instruction is |
| Q: Assume that the nurses gave him penicillin | | | | called "Falsus in uno," which means that if you lied |
| because he specifically told them he wasn't allergic | | | | about one thing, there is the possibility that you |
| to any medications. | | | | have lied about other things as well. How can a |
| Q: Assuming those facts to be true, and by the | | | | jury believe you if you cannot even acknowledge |
| way, you know that he didn't tell the nurses he | | | | your past problems? |
| was allergic, right? | | | | When an injured client comes to a lawyer for help |
| Q: If he didn't tell the nurses he was allergic to | | | | they must build a mutual trusting relationship. You |
| penicillin, and they asked if he was allergic, are you | | | | must feel confident with your lawyer and his or |
| still saying they are responsible for the reaction he | | | | her abilities. If you don't, you should seriously |
| suffered when he was given penicillin? | | | | consider getting another lawyer. |
| So what happened here? | | | | |