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Why Lawyers Try to Antagonize the Doctor in a Medical Malpractice Case

While questioning the doctor at the deposition or during pre-trial testimony, the plaintiff's lawyer will try everything to push the doctor's buttons. There is a key strategic reason why the lawyer does this. When an injured victim brings a lawsuit seeking compensation for the harms and losses he has suffered because of the doctor's carelessness, the victim's lawyer will have the opportunity during the litigation process to question the doctor under oath and at the attorney's office. This is known as the deposition or examination before trial.

Why Push the Doctor's Buttons

There is a key reason why, the lawyer will want to find out how the doctor does, when he is antagonized. The lawyer will want to know what happens when he pushes the buttons of the doctor. The reason the lawyer does this, is that he wants to see how the doctor reacts to these types of questions. By the time the case goes to trial, the lawyer will be knowing exactly how the doctor will be reacting to that type of questioning. With such type of strategy, the lawyer will gain the knowledge how best to question this doctor at the time of trial.

This Type of Questioning is a Key Strategy

The lawyer will ask key questions to the doctor that is about violating the six standards of medical care. The lawyer will want to know from the doctor, what he did and why. What was the doctor's rationale behind his action, and what he was thinking at that time? First, the lawyer will have the doctor establish what the standards of care were for that particular situation. Then the lawyer will ask an explanation from the doctor, why he had violated those basic standards of care, or why he departed from stellar medical care.

Most times the lawyer will not confront the doctor head on, but instead he will do it in a roundabout way. The lawyer will first set up a foundation by a series of questions that establishes the standard of care required in the situation. All this will lead to the ultimate question that since the doctor had not done those required actions, would he agree that it was violation of the expected standard of care.

Being Polite and Respectful

The lawyer will further want to see how the doctor responds to rapid-fire questions, and pointed questions. The lawyer will want to see if the doctor gets defensive, does he get upset and angry, or does he remain cool and calm during such questioning. Based on the doctor's reactions, the lawyer will formulate further strategies, and the best way of questioning the doctor during trial.

Even though the lawyer is trying to push the doctor's buttons, he will be always respectful of the doctor in a subtle way. Being polite and respectful always generates a different response compared to being obnoxious, nasty, and arrogant. Nastily or arrogantly asking questions should never be done in the pretrial process or at the trail in front of the jury.

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