Your Medical Malpractice Case is on Trial - What Lawyers Don't Tell You

You have waited for years for your medical malpractice case to come to trial. The day has finally arrived and you are nervous. You have some idea what to expect based upon your preparation by your attorney. You have never been in the courthouse before but have seen plenty of TV shows and movies about lawyers and lawsuits. You have a good idea in your mind about what to expect.

Here are some secrets that most lawyers don't tell you when your case goes to trial:

Lawyer Malpractice

(1) In New York, you must go through a security screening in order to get into the courthouse building. We live in a post-9/11 world where all litigants and witnesses must be subjected to going through the magnetometer and having their pockets and bags searched. Lawyers and court personnel have special court IDs that allow us to bypass the security ritual that all other people coming in to the building must go through. What most attorneys forget to tell their clients is that in the morning when everybody has to be in court at 9:30 a.m., there is a huge line rushing to get into the courthouse. That means that you, as the litigant, must arrive 15 to 20 minutes early just to get through the line to get into the door. This little tip will save you tremendous amounts of aggravation.

Your Medical Malpractice Case is on Trial - What Lawyers Don't Tell You

(2) Did anyone tell you that the people you have sued will likely be in the courtroom with you each and every day? You might have expected that. In all likelihood the people you sued will be present in court each day. Here is where it gets awkward. Every time the court takes a break there is an opportunity to go to the bathroom. Unfortunately, there is only one exit. That means that you will encounter these people each and every day and will have to walk by going to and from the courtroom on the way to the restroom.

Is it awkward? Yes. Is it uncomfortable? Yes. What happens if you are in the bathroom at the same time as the person you have sued? In all likelihood, you will ignore each other, but keep in mind that it will be awkward and uncomfortable.

(3) What is a sidebar conference?

During the trial you may have noticed that one of the attorneys asked to speak to the judge privately outside of earshot of the jury. Why do they do this? This is commonly known as a sidebar conference where issues of law are discussed. The reason it's done outside the hearing of the jury is because issues of law are dealt with only by the judge. The jury has no need or reason to listen to legal arguments made to the court about why something should or should not be done or why certain evidence should or should not be allowed in.

(4) Why is the judge yelling at your attorney?

Out of the blue you notice that the judge is yelling and screaming at your lawyer but you don't understand why. The next day, you notice that the judge is yelling at your opponent's lawyer, also for no good reason. Why is this happening and what does it mean for your case?

Judges are humans too. They get tired and cranky and like to control their courtroom and the speed at which the trial progresses. There are some judges who have an ill temperament. However, most judges are able to rein in their personal feelings and not disclose any frustration they may be experiencing from the slow pace of trial. The judge will usually tell the jury at the beginning of the case that they are impartial and the jury is not to consider any comments made by them during trial as being in favor or against any one party.

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Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 250 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. For more information, call him personally at 516-487-8207.

Also, go over to http://nymedicalmalpracticevideoblog.com for Gerry's free instructional videos on medical malpractice, negligence cases, accidents and wrongful death cases in New York.

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