The plaintiff’s attorney, Brian Shochet, is seeking to preclude various defendants from testifying as to conversations with the decedent in a failure to dx cancer (multiple myleoma) case. As pertains to my client and a codefendant, he wants to prevent them from testifying as to DC instructions advising f/u with previously treating docs while claiming that they were inadequate and having children, one. of whom was present at DC, give a contrived version of them (that their mother was told only to f/u in the sense of keeping “whatever” appointments she had with them). It seems to me that once he goes into the D/C, he waives any protection under the DM statute. I have one case (saying that the DM statute is a sword not a shield). Does anyone have any others
