In legal cross-examination, pointing out discrepancies between a witness's testimony and documented medical records can be decisive in establishing liability; when an anesthesiologist testified he was present during a procedure but his medical records showed he had checked a box indicating his presence while he had not actually been there, this contradiction exposed his failure to supervise the physician assistant and contributed to his legal responsibility for the patient's outcome.
Deep Dive
Prerequisite Knowledge
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Deep Dive
The Trial Lawyer Series Continues! Kathy kicks off Chapter IV: Cross Examination inAdded:
In the last [music] trial that we did, I had the defendant anesthesiologist on the stand and in this particular case, the issue was [music] that a physician's assistant in anesthesiology was actually providing >> [music] >> the anesthesia for what was an endoscopic procedure and [music] the anesthesiologist was supposed to supervise that PAA. The anesthesiologist [music] in the case had not even spoken to the PAA prior to this patient's procedure and he had not counseled her in any way on the risks because he said she knew the risks, that this was similar to all the other procedures she had done that day, but so that he did not need >> [music] >> to actually supervise her in terms of actually talking to her about this patient, explaining the risks to her, etc. In the cross-examination of that witness, I pointed out to him that in the medical record for him to look up at the top uh of the record of the anesthesia and [music] that he had actually checked the box and [music] initialed where it said that he personally was present during the anesthesia [music] that was being done, which it was completely wrong. It [music] was not true. He would He The record was false. That one point where it showed that he didn't [music] even know that he had checked the box saying that he was physically present during the anesthesia. Bringing that one point out on cross-examination was huge and it defeated It was the reason why that anesthesiologist, [music] according to the jury afterwards, was actually held responsible along [music] with the PAA.
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