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Did you know that in order to get in your CAT scan or MRI records into evidence during
the course of your trial we have to lay a foundation and show the court that these are
in fact your images? Would you like to learn what this is about? Come join me as I share
with you this great information. Hi. I’m Gerry Oginski. I’m a New York medical malpractice
and personal injury trial attorney practicing law in the state of New York. Today I’m
coming to you from the beautiful island of Jamaica. I’m here on vacation with my wife,
she’s out picking shells and I have a few moments to share this great information with
you and then I’m going to join her shortly afterwards. Now when your case is coming up
for trial and during the course of trial, we are required to get whatever testimony
and evidence into evidence to support your claim. Now if that includes putting in CAT
scans and MRIs into evidence, we have to lay a foundation to establish that these are in
fact your radiological images. So how do we do that? Simple. The information on the CAT
scan or MRIs will typically have your identifying information. It will usually have your name,
your medical record number and usually some other identifying information. We also have
to have a statement or certificate from the radiology facility confirming that these are
in fact accurate and complete copies of your CAT scan or MRI images and they are in fact
images of you. Now what happens when that identifying information is not on there? Well
in all likelihood, the judge will not allow us to introduce that information into evidence.
Why not? Because the jury will not know whether or not those images – the CAT scans or the
MRI images – are in fact yours. And when your expert comes into court to testify there’s
no way he’s going to be able to tell the jury that that information contained on those
images are in fact you, if in fact there is no identifying information. So that’s going
to create a tremendous hardship for you. Why? Because if you don’t have the identifying
information and we have not laid the foundation that establishes that those CAT scan or MRI
images are in fact yours. Now there’s going to be a tremendous problem getting that information
into evidence. So why do I share this great information with you? I share it with you
just to give you a quick insight and an understanding into what goes on into the litigation process
in the state of New York in an accident case, in a wrongful death case, even in a medical
malpractice case. Chances are you’re watching this because you have questions and concerns
about your own particular matter. And if your matter happened in New York and you have legal
questions, what I encourage you to do is pick up the phone and call me. I can answer your
legal questions. I do this every single day and I welcome your call. You can reach me
at 516-487-8207 or by email at lawmed10@yahoo.com. Well that’s it for today’s video. I’ll
head out now to the beach and join my wife. I want to thank you for joining me. Have a
wonderful day.