Weblog
17. May 2007: Cross-Examination of the Lying Mother-in-Law
I defended physicians, nurses and hospitals in medical malpractice cases for a few years. Several times we discovered evidence that gave our clients the winning edge. The evidence did not come from the medical records but from other documents or statements submitted by the plaintiff or by the plaintiff's family members to other entities. This is a cautionary entry. I caution anyone who is suing or testifying to think back to any source which might have contrary information whether from the deponent or any other person.For example, in one case, a failure to diagnose a pulmonary embolism resulting in death, the deceased patient's mother-in-law took the stand. She took the stand and lied hoping that her son would receive a large damages award, which would trickle down to her. She was the key witness for the opposition, the plaintiff/patient's side. She testified at deposition and at the trial that her daughter-in-law told her that she was having shortness of breath on the way to the ER. This was critical to their case because their argument was that because she complained of shortness of breath (in addition to other symptoms), she should not have been discharged and should have had an additional work-up which would have revealed the pulmonary embolism and prevented her death the following day. The medical records evidenced that ...More