Cross-Examination of a Medical Expert (Dr. Fromer)
Performed by: Roger Dodd and Adam Slater
With commentary and analysis of Adam Slater’s cross-examination.
Synopsis:
This video features cross-examination of defense expert Dr. Debra Fromer, a urogynecologist from Hackensack, New Jersey, where the case was tried. Dr. Fromer testified that the Prolift device was not defective, that its warnings were accurate, and that it did not cause the plaintiff’s condition. Before her testimony, the defense represented to the Court that Dr. Fromer would provide the key evidence needed to establish the state-of-the-art defense—an absolute defense to liability under New Jersey law if proven. Following the cross-examination, however, the Court declined to charge state-of-the-art.
Runtime: 3:33:57
Methods & Techniques Discussed: (not limited to those listed)
Constructive Cross of Doctor in Pain Sequences
Sequencing the Start and End of Cross-Examinations
Use of Reports or Depositions in Cross
Managing Pace and Flow for Effective Impact
Encouraging the Jury’s Inferences and Judgments
Significance of Page and Line Numbers
Expanding “What Not Done” Chapters
Handling Experts Who Rely on Conclusions
Incorporating Closing Arguments into Cross-Examination