West Palm Beach car accident Practice Tools: Sample Impeachment by Omission

Attorney: Nurse Jones, you are saying that while he was in the emergency room, the West Palm Beach car accident Plaintiff told you that he had not been taking his Coumadin for six days?
Witness: Yes, sir.
Attorney: You remember that is what he said?
Witness: Yes, sir.
Attorney: Nurse Jones, you prepared the emergency room record of plaintiff’s visit to the emergency room on August 15, didn’t you?
Witness: Yes, I did.
Attorney: You received training as a nurse on how to prepare those records, didn’t you?
Witness: Yes, I did.
Attorney: You were taught to prepare complete and accurate reports, weren’t you?
Witness: Yes, I was.
Attorney: You were taught to include everything about the patient that was important, weren’t you?
Witness: Yes, I was.
Attorney: That is because you knew doctors and other nurses might rely on your record to treat the patient?
Witness: That is true.
Attorney: One of the important things you were to record were the patient’s current medications, isn’t that so?
Witness: That is true.
Attorney: And you understood the reason for that was because the patient’s current medications could affect the doctor’s decisions on how to treat the patient, including whether to operate on the patient, is that true?
Witness: That is true.
Attorney: And in plaintiff’s record you recorded that one of his current medications was Coumadin?
Witness: That is true.
Attorney: And it could be important for the doctor to know whether the West Palm Beach car accident Plaintiff had been taking the Coumadin, including on the day of his emergency room visit, isn’t that true?
Witness: That is true.
Attorney: And when you filled out the emergency room record, you reviewed it to make sure it was complete and accurate, didn’t you?
Witness: I always try to.
Attorney: And to make sure that it included everything that was important, isn’t that true?
Witness: That is generally true.
Attorney: And you reviewed that record before testifying here today, is that true?
Witness: Yes, I did.
Attorney: You reviewed your record to help refresh your memory about what happened in the emergency room that day, didn’t you?
Witness: I suppose that is true.
Attorney: Because this happened over three years ago and you have seen literally thousands of patients in the emergency room since then, is that true?
Witness: That is probably true.
Attorney: And everyone’s memory can fade over time, do you agree?
Witness: That is probably true.
Attorney: In fact, you had forgotten much of the plaintiff’s visit to the emergency room hadn’t you?
Witness: That is true.
Attorney: Now circle with a red pen where you recorded in the emergency room record that West Palm Beach car accident Plaintiff told you he had not been taking his Coumadin for six days?
Witness: It is not in there.
Attorney: In fact, your record says absolutely nothing about any such statement by the plaintiff, does it?
Witness: No, it does not.