There is no better way to prove medical malpractice than through the mouths of the defendant physicians themselves. Although they may never specifically admit that they departed from accepted standards of medical practice, a skillfully pointed adverse direct examination can leave no doubt as to their culpability.
Although it does take some courage to begin a case with an adverse witness, it is almost always the best way to proceed for any number of reasons. First, it is very dramatic. Second, because you can lead the doctor as an adverse party, you are controlling precisely the content and tempo of his testimony.1 Next, you can teach the jury the anatomy, medicine and standards of care through the very person who injured your client and violated those very standards. Finally, by having the defendants testify prior to your expert, the defense cannot put a spin on the defendants’ testimony to rebut your expert’s opinion on the facts, issues and medical departures.
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