Legal Question in Personal Injury in Illinois

personal injury

The treating neurosurgeon gave an evidence deposition and a taped discovery deposition. Important medical questions were asked and answered with yes on discovery deposition, and then no on the evidence. My physician has reviewed the depositions and says he has blatently went against medical teachings and symptomology associated with my injury. Also he mistated the records read on the taped dep. My attorney withdrew after this. I spoke with another atty. He said that my former atty. should have objected during the evidence dep. and now the neurosurgeon cannot be impeached even with the discovery dep statements, or the records to prove that he was mistating facts under oath. I am pro se , not by choice and trial is in march. My treating physician has been deposed and has correlated my injury symptomolgy and has given causation based on temporal relationship. I dont have the financial means to hire an expert witness. I read I can use textbooks, journals to discredit him. What do I need to do to use them for the bench trial on march 10,2008.


Asked on 12/17/07, 7:41 pm

4 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: personal injury

Your chances of success without a lawyer or expert are very small, probably none. i would consult a Medical Malpractice attorney.

check out my website - www.michelottilaw.com

email me if you have any questions - [email protected]

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Answered on 12/18/07, 11:40 pm

Re: personal injury

Sounds like a mess! If your treater has turned on you, you have a major problem. I would subpoena the treating nuerosurgeon to appear at trial notwithstanding that he gave an evidence deposition. You have nothing to lose. He might show and then you can impeach him if he gives testimony consistent with the evidence deposition. The textbooks are not admissible as direct evidence.

Good Luck.

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Answered on 12/17/07, 8:17 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: personal injury

You need an attorney. Call me and I will refer you to someone who might be able to help.

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Answered on 12/17/07, 10:13 pm
Nima Taradji Taradji Law Offices

Re: personal injury

This is a mess--There is no way you will be able to do this by yourself. You must shop around and get yourself an attorney at once. Otherwise, you may just as well throw in the towel and forget about it--even if this is a bench trial.

You have some options-However, I must review your file to be able to give you even a remotely intelligent opinion as to how you should proceed.

My best advice is to either get yourself an attorney or contact my office and make an appointment to come and discuss your file.

I hope this helps,

Taradji Law Offices

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Answered on 12/17/07, 10:49 pm


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