NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
continued from p. 1
doctor, NOT your desire to give him orher a piece of your mind. If you havecertain questions you feel are importantto your case, by all means discuss themwith me before the deposition. You willnot be permitted to ask questionsyourself. Importantly, if you choose notto be present when I question thedoctor...not to worry. I can send you acopy of the transcript so you can read itat your leisure. In my experience, 99times out of 100, my client will choosenot to be present during a doctor'sdeposition.
Q: In a medical malpractice case, whyaren't there only doctors who sit onthe jury?A:
Our system of justice requires that a'jury of one's peers' sit in judgment. Thisphrase has come to mean people of thecommunity, and not people who havethe same jobs or same backgrounds.We'd never really know if 6 doctorssitting in judgment against anotherdoctor would ﬁnd in favor of the doctor just because they sympathized with thepoor guy. If a truck driver caused a caraccident, should he be entitled to a juryof all truck drivers? Don't you thinkthey'd be sympathetic to a fellow truckdriver? What if the injured personbringing the lawsuit was a banker, andthe person who caused the accidentworked in a fast food restaurant? Which jurors should sit in judgment of such acase? The answer is that anyone in thecommunity who is over 18 years of agecan sit on a jury.
Q: I've heard the phrase 'loss of enjoyment of life' - what does itmean?A:
That is a concept that lawyers use toexplain that your injuries caused youpain, suffering, and literally the loss of enjoyment of your daily life. Thisallegation of loss of enjoyment of life isincluded within any claim for pain andsuffering you may have. We would point
Bird of prey, in ﬂight
Harvard University library stepsSt. Maarten goat Snowtubing at Camelback Dad & David in the ski lodgeConey Island AquariumOn the ski lift at Camelback