November 4, 2020

In all cases, review the experts' website before cross-examination


Another important point on cross-examination of the plaintiff's expert witness is to review the expert's website for the information you can use in cross-examination.

In our case, Oscar Torres v. Zhila Rastegamehr, Dr. Lerman first testified that Degenerative Disc disease occurs at the age of 45 or 46, but with a little research on the Doctor’s website, we found some very different answers.

Q. Now, are you familiar with the term degenerative disc disease?
A. Yes.
Q. And does degenerative disc disease occur when a person's intervertebral discs begin a natural degeneration?
A. Yes. At forty-five, forty-six years old.

Upon cross-examination on the information set forth on his website, this surgeon backtracked a mile:

Q. Does that website discuss a different age that degenerative disc disease can come into play?
A. Yes. Because of previous trauma, it can happen at different ages.
Q. Does it say it can happen in your thirties and forties?
A. Yes, it does
Q. Do many acquire disc disease in their thirties and forties?
A. You can acquire it at fifteen, sixteen. It's a gray line; there is no definitive age.

Proving that what you say online can and will be used against you. Be sure to use every possible avenue on-line and off-line to build and defend your cases.

Read the transcript here.

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