In movies and TV shows, cross-examination is always the most dramatic part of a trial. Let me share with you a sample cross examination of a medical expert that will give you a clear understanding of what I'm talking about. A thorough and searching cross-examination is the best tool for truth seeking, and each and every aspect of the medical evaluation should be carefully analyzed for cross-examination purposes. ... 17 Q. With leading questions, you can cover the basics of the plaintiff’s injury so as to highlight the significance of the injury. MODEL CROSS-EXAMINATION (FINGERPRINT EXAMINER) Jennifer Friedman (Revised May 2011) You will need to have filed the model discovery motion and obtained the following in order to prepare for this cross: resume of examiner, case file including all photographs, documentation, A. Plaintiff Closing #1 ($8 million verdict) Defendant’s Closing During a deposition of the treating doctor, the insurance defense lawyer on cross-examination will review the history and physical doctor notes, and go painstakingly through every detail. This protocol is … … complex cross-examination of the opposing expert. Keep them in check with well-planned and expertly executed cross-examinations. cross-examination. One of the prisoner’s counsel, who had far more knowledge of medicine than of the art of cross-examination, was assigned the important duty of cross-examining this witness. 2 min read. Consider it a test run to determine whether your plan is going to work. QUALIFICATIONS 3. A defendant doctor in a medical malpractice case admits fault — finally: Malone, Patrick “Police Psychologist” William Lewinski defends his methods and credentials: Malone, Patrick : Cross-examination of a neonatologist expert on his factual mistakes: Malone, Patrick: Cross-examination of a fetal maternal medicine expert, James Christmas, MD They might say 1973 on the stand when their CV … A sufficient mental status examination is the equivalent of a physical examination by a “regular doctor,” i.e., non-mental health professional. This consists of both a direct examination by the person offering the witness as an expert and a cross-examination. His Cross Examination is not a direct examination where you attempt to obtain information by asking open ended questions that allows a witness to answer in sentence or paragraph form. (negative) 20. Cross-examination of the defendant’s doctor gives you an excellent opportunity to re-emphasize your own medical case. James J. Mangraviti, Jr., Esq., has trained thousands of expert witnesses through seminars, conferences, corporate training, training for professional societies, and training for governmental agencies including the FBI, IRS, Secret Service, and Department of Defense. The lawyer is aggressive, and the witness either folds under the intense questioning or erupts in anger. Cross-Examining MEs and VEs, p. 2 Remember - the practice of law is an art, and cross-examination of witnesses is definitely an art. This requires counsel to exercise judgment. But now watch as the cross-examiner moves from general training to specific training in the key subject of evaluating chest pain.] The cross examination book spans 389 pages and contains a CD with sample files and assignments." Whatever the expert’s training, Leckart and Sims say effective cross-examination will be the same. The attorney usually pursues one or more of the following objectives: To develop favorable matters left unsaid on direct examination Several sample cross-examinations can be found in JAMES E. DURST & FRED QUELLER, ART OF ADVOCACY — CROSS-EXAMINATION OF LAY WITNESSES (1992); Scott Baldwin, Cross Examination of Law Witnesses, in MASTER ADVOCATE’S HANDBOOK 105 (D. L. Rumsey ed. The reason I am showing you this is because it is an example of what I would call a “soft cross examination” of a defense expert on a collateral attack. What were your reasons for doing so? Effective cross-examination can make the difference between winning and losing a trial. Basic Procedure The basic principle of witness testimony is that it must be presented in question-and-answer format, i.e: a. The point is to demonstrate his bias and lack of knowledge about the patient without drawing obvious conclusions, but leaving that to the jury. 1. That protocol is made up of interviews, tests, etc. by "Trial"; Law Cross examination Laws, regulations and rules Cross-examination … C. The victim of a crime may not be designated by the State to remain in the courtroom, but may be called as the first witness and then allowed to remain after testifying. of cross-examination — conclude the witness Cross-examination serves to discredit direct testimony, to discredit the witness, and to reflect on the credibility of other witnesses. A well-documented medical case can also lay the foundation for a thoughtful cross-examination of your opponent's medical experts. There are various ways of doing that. Cross-examination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officer’s competency or even integrity. [So far, this has sounded much like a direct examination by the doctor’s own lawyer, or the kind of questions that might be asked at a “soft” deposition. 39. The following is a checklist used by an attorney in our office in a recent case for examining medical experts on direct. B. This happens when the party calling the witness does not wish to ask that witness any question themselves, but calls the witness so that he/she can be sworn in and cross-examined by the other party if it wishes. Call detail chart of parties & witnesses- Timings’ relation with Incident, if any. On cross-examination, you can ask questions that draw out the expert's bias, which can take many forms: ... For example, it's probably pointless to challenge a doctor on the year they graduated medical school. Why was the child taken for therapy? 1986); JAMES JEANS, LITIGATION — ITNESS EXAMINATION In ,, Let us take a closer look at each aspect which can be the subject of cross-examination. In deposition, cross-examine the witness to summarize and lock in her testimony before trial.' Cross-examination takes place after examination-in-chief, or when a witness is ‘tendered’ for cross-examination. The Mental Status Exam is a description of the various mental functionings or their manifestation at the time the examination is conducted. Direct Examination Of Medical Experts - Checklist. Cross Examination- Sample Questions Cell Nos. In a nutshell, the trial advocacy book teaches you how to try cases and the cross-examination book teaches you about the art-and it is an art- of cross examination. Cell allotment Application form exhibited or not Ex.PW/ABC, Copy of ID proof Ex.PW/ABC or not. This meant that leave in order to question the complainant on such matter could only be granted in very limited circumstances. Although cross-examination can be the part of trial that is the most fun for experienced trial lawyers, preparing good cross-examination takes a lot of thought and hard work. The Doctor Do you think she was being questioned about abuse? 38. 18. Ultimately, this cross-examination not only lost the credibility of the expert witness in front of the jury, it caused the trial judge to conclude that the expert lacked reliable scientific support for her opinions and, shortly thereafter, judgment was entered for the defendant. of parties & witnesses, Cell Registered in whose name/ allotted to whom, used by whom. In a sense, your entire cross-examination to this point has led up to this final question. It is probably inappropriate to show that the doctor received an award for her fundraising efforts with a charitable organization. 37. Free Online Library: Cross-examining the defendant doctor: jurors have been conditioned to suspect your clients' medical negligence claims, and defendants will take every opportunity to encourage these suspicions in court. Have the entire cross examination plan ready to go by the date of the deposition, so you can see how the witness will respond. 2. If, by chance, the witness actually agrees with this point, you have gotten him to tell the jury that your doctor is simply more worthy of belief than he is. The cross examination of complainants in sexual cases as to their sexual history was limited by s 41 (1) of the Youth Justice and Criminal Evidence Act, 1999. What was the result of the SANE (Sexual Abuse Nurse Examiner) assessment? 3. Sample cross-examinations. The doctor was then turned over to the lawyers for the defence for cross-examination. Doctor, what is an (name if testing, i.e. The main attack on cross-examination will be the defense attorney's attempt to quarrel with the diagnosis and treatment. 61 For example, if your witness is a doctor, it is appropriate to show that the doctor is a member of a prominent medical organization to help establish credibility. is credible, with the groundwork having been laid on direct exam. What works for one expert, or ALJ, may not work for another. (Abuse investigation in disguise) 21. The ideas in this outline are meant as … Some of the most familiar are: (1) The doctor based the diagnosis on purely subjective complaints. Sample Transcript: Direct/Cross Defendant’s Medical Doctor Expert #4 (Dr. Robert O. Gordon) Defendant Driver (outline) Defense Medical Exam Doctor (outline cross examination from a presentation given on cross examination of the defendant’s medical doctor) Sample Closing Statement. 22. What did the doctor say when the mother took the child to the pediatrician? As with all other aspects of trial practice, careful preparation is essential. Cross-Examination: 1) You followed a protocol in this case. Doctor,when, if ever, did you decide to go beyond conservative care? LOCALITY RULE 4. 40. arthrogram)? A cross examination is where the attorney conducts an examination of the other side’s witness. How to Handle Cross Examination at a Trial. To set the stage, a jury should know the Doctor's experience in the courtroom and counsel must take the upper hand having the Doctor agree to answer the simplest of questions with a yes or no. 1. The prosecutor’s cross-examination can be an effective Based on the sum total of the tests and interviews, you and the others decided that the child had been abused. After the deposition, edit the plan to streamline it for the date of the actual cross examination. What, if any, tests were performed on Mr. (name of plaintiff/patient) in (state the date) other than a physical examination? Q. (no sign of abuse) 19. (2) The doctor didn't have the complete and accurate case history. The case settled for $375,000 based on the strength of Tom's cross-examination. 41. Checklist for direct examination. performed by a variety of people. Qualifications of Expert The jury must have a full and complete understanding of the professional background of the testifying doctor.