The expert for the defense in your Maryland medical malpractice trial is currently on the stand testifying as to your care and treatment.
However you hear the doctor say that he performed a differential diagnosis and ruled out possible medical conditions.
But, you know that in deposition the doctor said that a differential diagnosis is not something that doctors have to do and in this case, because he was sure of what was going on with you he did not do one.
Can your attorney now bring this inconsistent statement to the attention of the jury?
Even though the statement made by the doctor was in a deposition outside of the current court proceeding, the statement in the deposition can be used to highlight the doctor’s current trial inconsistency.
Statements like this are hearsay exceptions and will be allowed as long as the witness is testifying in trial and subject to cross examination.
In addition, if the inconsistent statement is made under oath given under the penalty of perjury, reduced to writing and signed by the person giving the statement, or was recorded substantially verbatim by a stenograph or other electronic means contemporaneously when the statement is given.
To learn more about the medical malpractice process in Maryland or whether you are the victim of medical malpractice this is what we invite you to do.
Pick up the phone and give us a call.
We can be reached at 301-850-4832.
We answer Maryland medical malpractice questions like yours all the time and we would be glad to listen to your story.