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I just accepted that as normal. It wasn’t like, ‘I’m going to lie.’ It was, ‘I’m going to support my colleague.'” While it is possible Aanning’s testimony swayed the jury in the case (the patient lost the malpractice suit), he says he can’t bear that thought. “I haven’t touched on that question,” he said. “It would make it painful for me. I would be moved to tears if that whole case revolved around just my testimony.” Switching Sides Aanning now helps plaintiffs and their attorneys in building medical malpractice cases, admitting “it was never a level playing field for the plaintiff. People don’t recognize it. How the judges don’t recognize it and the system doesn’t recognize it is beyond me. It’s something I’m coming to grips with.” Medical malpractice cases hinge on establishing a doctor’s duty of care , and demonstrating whether or not she failed to meet that standard. If a doctor defendant calls his colleagues to the stand to testify on his behalf, plaintiffs and their attorneys should be ready to discredit that testimony or at least point out the conflict of interest involved. Any lawsuit involving an injury can be complex, and medical malpractice cases are especially complicated.
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