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This program was recorded on May 15th, 2019
Typically, a Defense Medical Examination results in a conclusion that the injured plaintiff is fine. There two schools of thought on cross-exam of a defense medical examiner:
Kill and Attack or Positive Cross Examination to strengthen your case.
I believe that the positive cross-examination, used to strengthen your case, is more effective than just attacking the witness. This does not mean you will not attack the witness, but the attack is not the thrust. Timing, sequence, set up and form are all crucial.
The jury expects the plaintiff’s doctor to say things favorable for the plaintiff. The defense doctor is typically charming, a skilled communicator and experienced at telling the jury what they may want to hear that the plaintiff is a liar or malinger.
One of the most powerful damages witnesses can be the adverse medical expert – once you get them to admit your case, factually, legally and psychologically, the case for damages are over.