Objection Judge! There's No Foundation! NY Attorney Yells During Medical Malpractice Trial
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NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com

It's a medical malpractice trial here in New York.
I'm questioning my first witness.

The first witness is the doctor you have sued.
The doctor who you believe violated the basic standards of medical care.

The doctor you believe caused you serious harm.

As one of my very first questions to this doctor I ask the key question to the entire case.

“Doctor, you operated on the wrong side of the brain didn't you?”

The defense attorney jumps up as if he's having it apoplectic fit and screams out “Objection judge, there's no foundation!”

What does it mean when an attorney argues to the judge that we have failed to lay a foundation first?

Laying the foundation simply means that we ask a series of preliminary questions to set the stage.

These questions establish some basics to help the jury and the court understand what the issue is leading up to the key question in the case.

There are some instances where the judge will agree with the defense attorney who makes this objection. In that instance, I have no problem asking a series of foundational questions.

Let me show you how...

“Doctor Jones, my client Mrs. Gold was your patient, correct?”
“Yes.”
“You determined that she had a tumor on the right side of her brain, correct?”
“Yes.”
“You diagnosed this condition with the use of diagnostic imaging tests such as CAT scans and MRIs, is that true?”
“Yes.”

“Your plan of action was to perform a craniotomy to remove this tumor, is that correct?”
“Yes.”
“You spoke to Mrs. Gold about the risks, alternatives and benefits to having the surgery, correct?”
“Yes.”
After talking to her about your proposed surgery, she agreed to have the surgery, correct?”
“Yes.”

“The tumor was on the right side of her brain, wasn't it?”
“Yes.”
“You told Mrs. Gold that you would be operating on the right side of her brain, isn't that true?”
“Yes.”

“You did in fact operate on Mrs. Gold on January 1, is that true?”
“Yes.”

What I am doing here is laying a series of foundational questions that will lead up to asking the key question.

In other instances, the judge will determine that I need not ask these foundational questions and can simply get to the heart of the matter immediately.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: [ Ссылка ]

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: [ Ссылка ]

To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, [ Ссылка ].

If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.

Law Office of Gerald Oginski
35 South Dr.
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com

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