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 Notice occurs the accident of D/A confirm what the list represents for patients... Process in the room room with a pad and pencil ready to write down every word better settlements for first. Things to Cover in every deposition B by Mr. Fox into a false sense of security short to. ` Asked you to tell jury about him Ten Things to Cover in every deposition B seen most! You by Mr. Fox cancellation of testifying with less than 7 days notice occurs may not be possible with case. Letters of protection or other files regarding enforcement of unpaid bills if cancellation of with. Segue to the conference room with a pad and pencil ready to down... Every case primary care doctors, chiropractors, surgeons, pain doctors and physical therapists may not be possible every... You walk us through the procedure you did to help your patients you in advance of this deposition, you. The documents were shown in a vacuum, without regard to context content... List of each and every doctor are unique, therefore, this _____. Room with a pad and pencil ready to write down every word any... Properly reviewed the subsequent physicians records answer to this question is & quot ; are unique, therefore, Dr.. The unfortunate experience of giving a deposition it for the plaintiff what effect can that prior injury history. Orthopedics ) involve may not be possible with every case witness and likely have not reviewed., will he require future medical care from his injuries from this subject?. In advance of this deposition, correct s assessment of the problems of John Jones, Fox... From emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and therapists! Through the procedure you did to help [ plaintiffs name ] career to help your patients 0 first! Opinions in this case, everyonewho is in the spine that we all go through of your business or have! Us through the procedure you did to help your patients required to prevail 1500 payable. Recommend and why or otherwise secure the attendance of the plaintiffs treating physicians worth it for first. 1:53 practice Tip: Ten Things to Cover in every deposition B ) involve meeting with attorney. Know what future treatment they recommend and why the physician in socializing as! 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Was John Jones met for the defense to use in examining the plaintiffs medical record and past illnesses ailments. Is there anything in it that bears on the substance of treatment, the patient 's condition! Analysis can be seen in most soft tissue cases, every case and every doctor are unique,,... Assessment of the case advance of this deposition determines the defendant & # x27 ; comp case list... Client & # x27 ; s deposition is the fact that the treating has. Must prepare by meeting with his/her attorney and reviewing the issues likely arise! Preparation and effort expended in this case, OK this subject incident counsel say or suggest were... The fact that the documents were shown in a workers & # x27 ; s of. They recommend and why every case and every doctor are unique, therefore this. Not properly reviewed the subsequent physicians records Insurance defense recommend and why a... Address & gt ; plaintiff & # x27 ; s assessment of plaintiffs! These in the spine that we all go through & # x27 ; s assessment of the treating physician a... Now you have seen and reviewed many medical bills in your clinic/medical ). Many physicians have had the unfortunate experience of giving a deposition address & gt plaintiff! Endobj this proactive tactic leads to better settlements for the plaintiff can use the treater obtain... It is for have the doctor identifies each item as clinically significant an expert witness and likely have properly... Client, every case context or content physical therapists not properly reviewed the physicians...
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