Legal Question in Personal Injury in New York


I was recently in a car accident and just sat for the deposition. Five years ago, I went to a Neck doctor for a stiff neck problem I had. I totally forget that I was treated by this neck doctor and during the deposition the lawyer asked me if I was ever treated for my neck. I said no, because I totally forgot about this treatment, I have been to many doctors in my life.

What are the consequences of not stating this information, especially when the defendant laqyers will see from ym HMO records that I was reated by a neck doctor?

Asked on 9/19/04, 11:53 am

4 Answers from Attorneys


Re: Deposition

You have not provided enough info for responsible answers to your questions. But, your ommission, if not made in bad faith, MAY not be fatal to your case.

You should immediatly advise (and should have immediately after realizing your error), advised your attorney of your ommission and provided the doctor's info for contact, for your attorney's review.

Your attorney is the person to answer your questions and remedy any damage you may have done to your case.

Good luck,

Phroska L. McAlister,

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Answered on 9/19/04, 1:17 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Deposition

When you receive the deposition transcript for review, correct the answer to include the Doctor

on the errata sheet. Tell your lawyer.

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Answered on 9/19/04, 6:26 pm
Vincent L. Gonzalez Vincent L. Gonzalez, Esq

Re: Deposition

This omission can be devastating to your case if you fail to act to correct it. Most importantly, make sure that you informed your attorneys immediately. Provide them with as much detail as you can assemble regarding this prior treatment and the accident or injury that required the treatment. Give them authorization to obtain the prior treatment records. Finally, after you've consulted with your attorneys, you will need to correct your testimony.

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Answered on 9/20/04, 7:36 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Deposition

When you get the deposition transcript back make a correction where you answered no and your attorney will notarize the corrected transcript. If the issue comes up at trial, you simply explain it the way you did here. It was a number of years ago, you've been to many doctors and you simply forgot about this particular treatment. As long as you are credible as to the rest of your testimony, a jury is likely to forgive you for this lapse of memory.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 9/20/04, 10:21 am

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