How Does the Court Keep Track of Trial Exhibits in a Medical Malpractice Case in New York?

How Does the Court Keep Track of Trial Exhibits in a Medical Malpractice Case in New York?
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207

In a medical malpractice trial there many exhibits that are used to explain how things work.

Exhibits to explain the anatomy.
Exhibits to explain the medicine.
Exhibits to explain the testimony.

Exhibits that are admitted into evidence.
Exhibits that are not admitted into evidence.
Exhibits that are used for illustration purposes only.

Since the proceedings in a trial are recorded by a court stenographer, there is no video or photo image to describe what a witness or an attorney is talking about.

Instead, we have to use words so the court reporter can record what it is that the witness or is holding in order to describe it in the written transcript.

This is especially important if one side appeals.

In an appeal, the losing party must take the written transcript and submit it to a higher court for review. The appellate judges who review what occurred during trial were not present in court.

They don't know what exhibits were used.
They don't know what exhibits were introduced into evidence.

The appellate court does not know what the exhibits are unless they have been described adequately by the Judge, a witness or an attorney.

It is critically important for all in the courtroom to keep track of every exhibit is used.

How is that done?

It's actually pretty simple.
Every time an exhibit is being used, the court reporter will put a small sticker on it identifying it as coming from either the plaintiffs or from the defendants.

The plaintiffs is the injured patient who is bringing a lawsuit against her doctor or hospital staff. The defendant in a medical malpractice case is typically the doctor, hospital or hospital staff.

State courts in New York use a very simple system for keeping track of who introduces what exhibits.

For plaintiffs, the court uses numbers.
For defendants, the court uses letters.

“Your honor, at this time I offer Exhibit #1 into evidence.”

Watch the video to learn more...

Law Office of Gerald Oginski
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Great Neck, NY 11021
516-487-8207