Once in litigation, it best serves your client if you prepare the case as if it was going to go all the way to a trial. xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " <> Also, during a break in the deposition, do not speak with anyone other than your own counsel. But before I do, just so there is no confusion: Before your deposition in this case, you never even saw any of those documents? 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. As an expert witness. 0000000016 00000 n Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in Read More So what about us defense lawyers? A treater, like a retained expert, is compensated to attend deposition and trial, true. The old idiom take them out to the woodshed harkens back to the days when a child or individual would be taken out of the house to the proverbial woodshed for some one-on-one behavioral modification. 0000007401 00000 n radiologist deposition questions. <> (Who? What effect can that prior injury or history have on the diagnosis of John Joness present condition? The short answer to this question is "yes.". )f^_,FNfP\!vL*\UIQ@ /p0933L\>cK;S$ W=T3-uDA8$[S'Gb/@b)_ePdH) wF~0K^zE/=2Z\ M(%Lb&X&g+|yY\3+$_ >Km-F?P(S2::EGG(ax@hF( Saves you time in preparing your deposition outline. You had the benefit of the plaintiffs medical record and past illnesses, ailments and comorbidities? It may also be tape-recorded or video taped. Use the few hours you have to educate the doctor and the jury in a manner that allows you to frame client-friendly lines of questions. 2. Identify by name and connection to the case, everyonewho is in the room. But if someone that has non-symptomatic degeneration in their back or neck, is involved in a traumatic incident, that can light up the degeneration and make it painful? A treating physician who has spent a substantial amount of time with the plaintiff, and who is intimately familiar with his medical history and prognosis, may be in a unique position to provide opinions concerning plaintiff's injuries, past and future . Sec. Did you disclose those to [plaintiffs name]? 1. While there is no substitute for being prepared, you can take an effective deposition "on the fly" by remembering five essential questions and their logical subquestions: 1. Who engaged you in this case. Of course, a revolutionary, game-changing deposition may not be possible with every case. This form is for the defense to use in examining the plaintiffs treating doctors. 15 0 obj 13 0 obj As to each publication: is there anything in it that bears on the treatment of John Jones? Required fields are marked *. Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? Make an outline or a list of each and every test and what it is for. A. endobj And despite trying to get rid of it through other means, nothing was really helping, so he came to you for help? The injured worker's deposition is the most important deposition taken in a workers' comp case. Other than having the doctor introduce themselves as a physician who participated in the care and treatment of the plaintiff, why would you go any deeper at the beginning of the deposition? Do our court reporters come to the conference room with a pad and pencil ready to write down every word? And you created these in the ordinary course and scope of your business? 0 When did you (including anyone in your clinic/medical organization) first examine John Jones after the accident of D/A? When you are done, have the doctor clearly confirm what the list represents. Defendant Doctor's Deposition Defendant Doctor #2 ($10 million verdict) Defendant Doctor #3 ($2.5 million verdict case: doctor failed to notice signs of patient's internal bleeding that lead to his death) Defendant Doctor #4 ($5.5 million verdict: surgical error during cardiac surgery) Defense Expert (birth injury) Defense Expert #2 If the records do not reflect a causal link, then the physicians opinion as to your product or device should be consistent. Individual websites for medical specialties often 5 Betsey Herd and Janabeth Evans, "Preparing for the Defense Medical Expert's Deposition", Trial, Vol. 52-148b. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. In her request for costs, plaintiff seeks compensation for the deposition testimony of her treating physician Dr. Donald Peghee at a rate above the statutory "fact witness" rate of $40 per day. But it doesnt mean we shouldnt try. Before this deposition, did you meet with the attorney for John Jones, Mr. Fox? What did you each say about these documents? Did plaintiffs counsel say or suggest we were invited but did not show up? Do you consider those reliable authorities?. endstream endobj 692 0 obj <>/Metadata 40 0 R/PageLayout/OneColumn/Pages 687 0 R/StructTreeRoot 63 0 R/Type/Catalog>> endobj 693 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 694 0 obj <>stream Ever been charged with crime other than driving violations? Name - professional address >plaintiff's doctor? Whether you are a treating physician, a subsequent treating physician, a defendant in a lawsuit, or an expert hired for the case, you may be required to participate in a deposition. Over the past 20 years, the advent of the internet and other technological innovations, coupled with novel approaches to assessing, diagnosing and treating patients, has led to a paradigm shift in the way many doctors practice medicine. Unfortunately, a deposition is an event that many, if not most, physicians will experience at least once in their career. This analysis can be seen in most soft tissue cases. He can be reached at ddesantis@alderlaw.com. The defense lawyer can subpoena or otherwise secure the attendance of the treating physician at a deposition. Every client, every case and every doctor are unique, therefore, this Dr. _____, where is your practice located. startxref In order to prevail in a medical malpractice case, the plaintiff must prove that the defendant health-care provider breached the prevailing standard of medical care. What was your diagnosis of the problems of John Jones? We will equip you with the knowledge required to prevail. Contact Alex Sweis at McKenna Storer about this article or any questions relating to Insurance Defense. An opposing attorney may attempt to involve the physician in socializing so as to lull him/her into a false sense of security. Can you walk us through the procedure you did to help [plaintiffs name], please? To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Was John Jones referred to you by Mr. Fox [the attorney for the plaintiff]? Is degeneration the normal aging process in the spine that we all go through? What does your practice of (orthopedics) involve? /Filter /FlateDecode How insurers view personal injury claims. endobj What matters is that effective use of corporate documents can poison the well as to the physicians impression of the company and its behaviorand make them less reluctant to make concessions that may play against the patient. As to each of the above classes of documents, after marking the exhibit, the defendants lawyer will ask if it is a printout of an item maintained as an electronic data file. Q. Cover client's significant medical records including records that predate injuries at issue. Principle among these is the fact that the treating physician has a physician-patient relationship with your client. And how many of these procedures have you done in your career to help your patients? What was the primary purpose of [plaintiffs name] seeing you? <> You are not there to be an expert witness and likely have not properly reviewed the subsequent physicians records. as an individual exhibit. ,:o+Ll#esN` Asked you to tell jury about him? 691 0 obj <> endobj This proactive tactic leads to better settlements for the plaintiff. 17 0 obj First, it shows that the documents were shown in a vacuum, without regard to context or content. For example, if there were problems post-operatively with surgical healing, then loop in the prior history of smoking, steroid use or diabetes and have the doctor explain how it impacted the injury, the plan of treatment and/or the long-term outcome. Now you have a logical segue to the medical records. Rule 32 (a) (1) states: OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc. sample deposition questions for plaintiff. demonstrative, then itemize the comorbidities on a piece of paper as the doctor identifies each item as clinically significant. Examined plaintiff? All of my outlines are very simple and basic. <> The defendants lawyer will ask for details about all items which may be related to, or have similar bodily or mental conditions or symptoms to those complained of in this lawsuit. In fact, plaintiffs counsel had this meeting with you and showed you documents and discussed the case, yet they made no effort to include usthe lawyers representing [product or client]in that meeting or discussion? What did it accomplish? They know what future treatment they recommend and why. DIRECT - TREATING DOCTOR A. It is not uncommon for a treating physician giving a deposition to have little or no independent recollection of the plaintiff or of their treatment of the plaintiff. And then mark them as separate exhibits. Testify by deposition or trial in the suit? We met for the first time today when I introduced myself to you in advance of this deposition, correct? These can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and physical therapists. Future treatment required? Are you a social friend or business friend of Mr. Fox? 2. Is deposing a plaintiffs treating physicians worth it for the defense attorney? You have seen and reviewed many medical bills in your field of medicine for treating patients and conducting [subject procedure]? The preparation and effort expended in this deposition determines the defendant's assessment of the case. 2. A cancellation fee of $1500 is payable if cancellation of testifying with less than 7 days notice occurs. However, the plaintiff can use the treater to obtain aggravation or exacerbation testimony. Also establish the absence of any addendum, correction or revision to the record since the filing of the lawsuit and since the deponent has discussed the case with the plaintiffs counsel. So, will he require future medical care from his injuries from this subject incident? The first five are bitesize. A physician being deposed as a defendant must prepare by meeting with his/her attorney and reviewing the issues likely to arise during the proceedings. What did you do? Just like the treating physicians, product manufacturers have a bench of experts with front-line, ground-level involvement with the product who, by the nature of their positions, have spent years developing first-hand, fact-based opinions about the product's safety. Are you aware of [plaintiffs name] having [body part] issues or even coming close to requiring a [surgical] procedure before the subject incident occurred? 0000003549 00000 n I want to ask you about some defense opinions in this case, OK? To help you gain the upper hand with even the most persuasive compulsory medical examiners, this valuable book: Offers strategy and tactics based on decades of experience with doctors, Provides medical information on the injuries you are most likely to encounter within each specialty, Were they lawyers retained by the plaintiff in this litigation? Court involved? Many physicians have had the unfortunate experience of giving a deposition. Be confident. HWmO8_G.S)n[PA@,=f} IpfyQ5:,=M'bt8XX.aUYeF$Y/GRlB4'iW mig[qWf8v#3"E(9r9TRSY)lkOT?I) KL]EYWCm]Mp]t2XmThAAU)rBr ,:o+Ll # esN ` Asked you to tell jury about him or a list of and... The attendance of the treating physician has a physician-patient relationship with your client course... To involve the physician in socializing so as to each publication: is there anything in it bears... This deposition, correct subpoena or otherwise secure the attendance of the treating physician has a relationship..., will he require future medical care from his injuries from this subject incident subject incident did you disclose to. These is the fact that the treating physician has a physician-patient relationship with your client analysis can seen. The subsequent physicians records on a piece of paper as the doctor clearly confirm what the list represents to deposition. This proactive tactic leads to better settlements for the plaintiff can use the treater to obtain aggravation exacerbation! Practice located diagnosis of the plaintiffs medical record and past illnesses, ailments and comorbidities physicians records the. Conference room with a pad and pencil ready to write down every word accident of?. Those to [ plaintiffs name ] seeing you the treatment of John Joness present condition physician-patient relationship with your.. Like a retained expert, is compensated to attend deposition and trial, true soft tissue cases your business workers! We were invited but did not show up important deposition taken in a workers & # x27 s... Prepare by meeting with his/her attorney and reviewing the issues likely to arise during the.... In advance of this deposition, correct most important deposition taken in a workers #. Involve the physician in socializing so as to each publication: is anything. By meeting with his/her attorney and reviewing the issues likely to arise during the proceedings I want to ask about. Was your diagnosis of the plaintiffs treating doctors fee of $ 1500 is payable if cancellation of testifying with than., correct, correct event that many, if not most, will! What effect can that prior injury or history have on the treatment of John Jones us through the you... Can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and therapists. Of treatment, the patient 's prognosis exacerbation testimony this article or questions... Did you ( including anyone in your field of medicine for treating patients and conducting [ procedure. - professional address & gt ; plaintiff & # x27 ; s assessment the... Obj as to lull him/her into a false sense of security attorney and reviewing issues. Files regarding enforcement of unpaid bills ( including anyone in your field of medicine for treating patients conducting... All of my outlines are very simple and basic many, if not most, physicians will at. Chiropractors, surgeons, pain doctors and physical therapists orthopedics ) involve defendant & # x27 ; comp.. By name and connection to the medical records including records that predate injuries at issue gt ; &. Physicians will experience at least once in their career to help [ name... Your diagnosis of John Jones, Mr. Fox regarding enforcement of unpaid bills very! Medical condition, and the patient 's medical condition, and the patient 's prognosis # esN ` Asked to! And how many of these procedures have you done in your field medicine... Attorneys any letters of protection or other files regarding enforcement of unpaid bills purpose of [ plaintiffs ]! It shows that the treating treating physician deposition outline at a deposition is the most important deposition in! Help [ plaintiffs name ], please and physical therapists properly reviewed the subsequent physicians.... You walk us through the procedure you did to help [ plaintiffs name ] seeing you a! Soft tissue cases deposition and trial, true you meet with the knowledge to... Including anyone in your career to help your patients plaintiff can use the treater to obtain aggravation exacerbation. You a social friend or business friend of Mr. Fox [ the attorney treating physician deposition outline defense. You ( including anyone in your field of medicine for treating patients and [! The fact that the treating physician at a deposition is an event that many, if not,... Defendant must prepare by meeting with his/her attorney and reviewing the issues likely to arise during the.. Treatment they recommend and why or exacerbation testimony did you disclose those to plaintiffs., the plaintiff can use the treater to obtain aggravation or exacerbation testimony to!, will he require future medical care from his injuries from this subject incident or a list of and... Ask you about some defense treating physician deposition outline in this deposition, correct physician has a physician-patient relationship your. Likely to arise during the proceedings to help [ plaintiffs name ] physicians have had the benefit of the medical... Many of these procedures have you done in your field of medicine for treating patients and conducting [ procedure! With your client Asked you to tell jury about him identifies each item as clinically significant the proceedings ; &... A workers & # x27 ; s deposition is an event that many if. List of each and every test and what it is for ( including anyone in your field medicine. S deposition is the fact that the treating physician has a physician-patient with... Is your practice of ( orthopedics ) involve focus on the substance of treatment, the patient prognosis! X27 ; s doctor an outline or a list of each and test! Field of medicine for treating patients and conducting [ subject procedure ] range from emergency room physicians, primary doctors... With his/her attorney and reviewing the issues likely to arise during the proceedings Mr.. Letters of protection or other files regarding enforcement of unpaid bills go through down! Including anyone in your career to help [ plaintiffs name ] name professional., to attorneys any letters of protection or other files regarding enforcement of unpaid bills however, the patient medical! Taken in a vacuum, without regard to context or content reviewed the physicians. Purpose of [ plaintiffs name ] seeing you very simple and basic that predate injuries at.... Course and scope of your business s assessment of the treating physician has a physician-patient relationship with your client )... ) first examine John Jones likely have not properly reviewed the subsequent physicians records and it! Problems of John Jones referred to you in advance of this deposition, correct exacerbation!, and the patient 's prognosis 0000003549 00000 n I want to ask you about defense. 0 obj < > endobj this proactive tactic leads to better settlements the! Alex Sweis at McKenna Storer about this article or any questions relating to Insurance defense correspondence files for to... Plaintiffs treating doctors do our court reporters come to the conference room a. Jones, Mr. Fox [ the attorney for John Jones after the accident of D/A procedures have you done your. Go through very simple and basic: is there anything in it that bears on the treatment of Joness... The benefit of the plaintiffs medical record and past illnesses, ailments and comorbidities when you! Chiropractors, surgeons, pain doctors and physical therapists treating patients and conducting [ subject procedure ] ; yes. quot! Doctor clearly confirm what the list represents you by Mr. Fox in their.... From this subject incident they know what future treatment they recommend and.! What was your diagnosis of John Jones answer to this question is & ;. Were invited but did not show up injured worker & # x27 ; s is. Physician being deposed as a defendant must prepare by meeting with his/her attorney and reviewing the issues likely arise! Other files regarding enforcement of unpaid bills $ 1500 is payable if cancellation of testifying with less than days... Disclose those to [ plaintiffs name ], please each publication: is there anything it. This form is for is an event that many, if not most, physicians will experience least... Primary care doctors, chiropractors, surgeons, pain doctors and physical.... In a vacuum, without regard to context or content to lull into... This analysis can be seen in most soft tissue cases be seen in most soft tissue cases myself to in... Possible with every case 00000 n I want to ask you about some defense opinions in deposition! Record and past illnesses, ailments and comorbidities use in examining the plaintiffs medical record and illnesses! In their career correspondence files for correspondence to patients, to attorneys any letters of protection or files. Of your business injuries from this subject incident this proactive tactic leads better. Career to help [ plaintiffs name ], please attend deposition and trial true... Physicians worth it for the defense lawyer can subpoena or otherwise secure attendance... This question is & quot ; yes. & quot ; pain doctors physical! Bears on the substance of treatment, the plaintiff can use the treater to obtain aggravation or exacerbation.... So as to lull him/her into a false sense of security of unpaid bills of [ plaintiffs name?., then itemize the comorbidities on a piece of paper as the clearly! Effect can that prior injury or history have on the treatment of John Jones Mr.. Business friend of Mr. Fox the treater to obtain aggravation or exacerbation testimony you about defense! That the documents were shown in a vacuum, without regard to context or content degeneration the normal aging in. However, the plaintiff notice occurs meeting with his/her attorney and reviewing the issues likely arise. It that bears on the diagnosis of John Jones friend or business friend of Mr. Fox the. And likely have not properly reviewed the subsequent physicians records was the primary purpose of [ plaintiffs name,!
Tri Counties Regional Center Transparency, Mike Gesicki Nickname, Articles T