A cross examination reference sheet

I like to have a basic outline of ideas for cross examination that I can review at a glance. In addition, I often create a simple one page list of words, phrases or ideas that I might choose to use in cross. You shouldn’t be reading during your cross examination and you need to move with the flow of what is happening so these help lists have to be simple and brief. Here’s an example of a very simple outline from a case where the issues involved the failure to take personal responsibility by a hospital and it’s staff in a malpractice case. It will give you an idea of what I mean and you can improve as well as adapt this concept to your own cases.CROSS EXAM PHRASESPersonal Responsibility

  • “STAND TALL”
  • STAND UP GUY
  • WORDS THAT RING HOLLOW
  • >”THEY SAID…& THEN THEY TURNED AROUND AND….”

Corporate Responsibility

  • SPECIAL PRIVILEGES & BREAKS
  • NO SPECIAL INTEREST GROUP PRIVILEGES
  • NO MORE PLAYING GAMES
  • CAPTAINS OF INDUSTRY
  • WORKING ALL THE ANGLES & RIGGING THE GAME
  • “The backbone of America is honesty & Responsibility – not coddling the corporations or privileged”

Health Care Industry

  • PUT THINGS BACK IN LINE WITH OUR VALUES IN THE HEALTH CARE INDUSTRY

Team work & Communication

  • LIKE MEMBERS OF A BASEBALL TEAM. THEY HAVE TO WORK TOGETHER & FOLLOW THE RULES OF THE GAME

MalpracticeHOSPITAL A PLACE OF REFUGE & PROTECTION FROM HARM

  • – A PLACE TO BE CURED NOT INJURED
  • -A PLACE OF TRUST

Question Forms

  • Does standard of care require nurses to follow doctors orders or consult supervisor?
  • Does standard of care require nurses to follow the rules and protocol of hospital?
  • Don’t you expect a hospital to acknowledge their medical mistakes when serious injury occurs?
  • Don’t you expect medical records to be honest & truthful & not written for excuse making?
  • “If reasonable & available means of prevention exist the medical staff is obligated to act to prevent & protect against avoidable injury?”
  • Would you do it the same again?
  • Factors regarding responsibility:

(1) time available to act(2) actions (rather then inactions) taken(3) normality of actions(4) who had true power and knowledge to change events(5) When is it ever appropriate to not…..(6)  Is it ever appropriate to not….

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