I’m asking the defense’s medical expert in
a medical malpractice trial a question on cross-examination. The defense jumps up, yells out, “Objection!” The judge, before he has a chance to rule,
now the witness goes ahead and answers my question. Is there any way for the judge to unring the
bell or for the jury to unhear what they just heard? You want to know the answer? Come join me for a moment as I share with
you some great information. Hi, I’m Gerry Oginski. I’m a New York medical malpractice and personal
injury attorney. The answer is no, there’s no way to unring
that bell. There’s no way for the jury to unhear what
they just heard. What the witness should have done is he should
have waited a fraction of a second for the judge to actually rule on whether or not my
question was appropriate and whether or not this witness, the doctor, can go ahead and
answer the question. Assuming he could not answer the question,
now he should have waited for me to ask the next question. There are many instances where we would be
asking questions to someone on the witness stand. Now, during the course of question and answers,
I ask a question, and before they have an opportunity to hear the objection or to hear
the judge’s ruling, they go ahead and immediately answer the question. Now, can that work against us? Yes, it can. Can that work for us? Yes, it can. Because now the witness will have given us
an answer to a question that I wanted an answer to. If the attorney felt that this was an inappropriate
question, he has every right to object to that question. If the judge felt that my question was inappropriate,
the judge is within his right to go ahead and tell me, “No, Mr. Oginski. That’s not an appropriate question. Ask a different one.” … do is, he will give an instruction to
the jury. It’s known as a curative instruction, trying
to cure the problem that just happened. He’s got to do it right away. He basically will tell the jury, “Ladies and
gentlemen, that question was inappropriate. You are to disregard the question. You are to disregard the answer. We will strike that testimony from the record.” Now, does the court reporter actually take
scissors and cut it out of the transcript? No. Instead, we have words on there that says
the jury is to disregard this. It’s not considered to be evidence. Now we’re going to strike it from the trial. If I’m asking a totally inappropriate question
such as, “Doctor, how many times do you beat your wife a night?” “Objection!” Now if he goes ahead and says, “Oh, three
or four times,” obviously it’s a totally inappropriate question, has nothing to do with the case,
nothing to do with the claims or with the defense’s. In that instance, I’m going to look bad. Why? Because I’m asking a totally inappropriate
question when I really shouldn’t be. Why do I share this information with you? I share it with you just to give you an inside
look at what happens in a trial, a civil lawsuit, involving an accident matter or medical malpractice,
or even wrongful death here in New York. You know I understand you’re watching this
video because you have questions or concerns about your own particular matter. If your matter did happen here in New York
and you’re thinking about bringing a lawsuit, but you haven’t done so yet because you have
questions that need answered first, what I invite you to do is pick up the phone and
call me. I can answer your questions. You know, this is something I do every single
day and I’d love to chat with you. You can reach me at 516-487-8207 or by email
at [email protected] That’s it for today’s video. I’m Gerry Oginski. Have a wonderful day.