Cross-Examining Doctors: A Practical Guide, Second Edition explains step-by-step how to: Investigate the case thoroughly and promptly. The Carlson Law Firm, PC . Court involved? 2 0 obj For the plaintiff's lawyer, a lot of the work required for the deposition of a treating physician takes place just before the deposition begins. Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. Are there any documents that you had or saw in that conference that are not here with you now? 0000001573 00000 n Here is a most basic direct examination outline for a treating doctor.DIRECT TREATING DOCTOR. Plaintiffs 213F disclosures will contain the treating physicians that plaintiff intends to call at trial. Were there any consultations with other doctors? What is the basis of that opinion? Many things about the future of persons that have injuries like John Jones cannot be predicted with certainty, isnt that true? The defendants lawyer will specifically ask if the following are present now in the room. 0000008212 00000 n Your attorney may object simply for the record and then tell you to go ahead and answer the question; or he may object and instruct you not to answer. Names of parties? What are they? Once the deposition resumes, the attorney may then play on this "friendship" in an attempt extract additional testimony. What else did you review in preparation for this deposition? This needs to be done before the defense deposition. 0000003549 00000 n <> Ever limited in scope? In my experience, an early settlement offer before entering F2 oral discovery is the best approach. What insurance adjusters look for in evaluating claims. A. Special qualifications seeCV if any1) publications/honors/societies, B. It does not matter that the doctor has not seen the documents, that the documents have little or nothing to do with the science of medicine surrounding the product, or that the documents are in no way temporally related to the care and treatment of the patient. The defense offered to pay $40, the statutory "fact witness rate." . A deposition is a process whereby witnesses provide sworn evidence. Almost all medical-legal reports will include a category or section listing the various documents that the plaintiff's doctor reviewed and/or relied upon in the preparation of his or her opinion and report. What type of medicine do you practice. Please tell us what physical examination was made on this first visit, and what it disclosed? Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. Future complaints or subject symptoms. Who asked you to this talk between yourself and Mr. Fox? Many physicians have had the unfortunate experience of giving a deposition. endobj Before coming to this deposition, did you check with each of those persons to see that you actually had all the records you were subpoenaed to bring? Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp 0000009060 00000 n Even without expert testimony, the plaintiff's case should be made with the defendant's deposition. Always request to review the transcript! 0000004096 00000 n You are not there to be an expert witness and likely have not properly reviewed the subsequent physicians records. 11 0 obj Even if your patient tells you what the document means, would you want to see what the treatment, diagnosis, surgical, etc. ?4bm9MQFc:=R%`h0QO1{W~}Cxw1# 4Dzu[Zd.6/|D`^m^ :7 How long did you spend reviewing those additional items in preparation for this deposition? 5. For physicians, depositions are stressful and unnatural experiences. K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! 7 Id. endstream endobj 167 0 obj <> endobj 168 0 obj <> endobj 169 0 obj <> endobj 170 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/Properties<>>> endobj 171 0 obj <> endobj 172 0 obj <> endobj 173 0 obj <> endobj 174 0 obj <> endobj 175 0 obj <> endobj 176 0 obj <> endobj 177 0 obj <>stream Have you ever been contacted by an attorney who represents the plaintiff in [current] litigation? Because they have expert knowledge, experts are allowed to state opinions in their testimony, such as whether a physician's conduct complied with the applicable standards of care. One approach to setting the initial demand figure. The outline included is not meant to be a comprehensive outline of all possible Of course, a revolutionary, game-changing deposition may not be possible with every case. Thanks to television, many people think of a deposition as something that happens under a glaring light bulb in a dimly lit room, while attorneys grill witnesses with trick questions. Be confident. If you want to emphasize something favorable to your side of the case that was recorded in the medical records for a particular office visit or hospital stay, or you want to emphasize that something was not recorded (hence you can infer it did not exist) ask the following: Is this document, dated _________________, the record of _________ of John Jones? When you see a patient for the first time, you want to know the history? direct examination of treating physician. Some treaters will testify that they cannot answer how the accident affected the pre-existing injury, which is useful to defense counsel. Trust your lawyer to monitor your stamina and coherence. Depositions usually in the office of an attorney. In many cases, it has resulted in more efficient medicine with better outcomes for patients ranging from curing or eliminating diseases (such as hepatitis C) to cutting inpatient hospital stays from weeks to days. For each examination I revise them to fit the particular situation involved. If the doctor met with plaintiffs counsel, ask the following questions: Plaintiffs counsel is not representing you at this deposition, correct? Do you consider those to be reliable authorities for you to consult? For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. 2. You should always consult extensively with your own personal attorney and follow his or her advice. a. Proximate cause of injury: reasonable probability, 1. 0000001672 00000 n %%EOF First, the attorney must know the file. Insurance carriers are becoming more unreasonable. Tell us some of the things that you cannot predict with certainty about John Jones? Sec. And the jury will be more inclined to believe your testimony. Also, during a break in the deposition, do not speak with anyone other than your own counsel. The settlement style of large and conservative insurers. What medical history was obtained from John Jones? An expert witness's deposition is almost always taken. These treaters are the physicians who treated the plaintiff for his alleged injuries. Your job as his doctor, was to try and make him feel better? I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). Now at this talk between you and Mr. Fox to which I was not invited and for which you are to be paid by Mr. Fox, what did you say to each other? What documents did Mr. Fox show you, and what documents did you show Mr. Fox? And you also need to examine the patient to determine what continues to hurt them? As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. What attorneys tell their clients at the first meeting. 0000002676 00000 n Medical malpractice depositions are unique, unlike other personal injury matters, in that "opinion questions" are permitted,. Treating Physicians as Non-Retained Experts There is a fine line between a retained medical expert and a non-retained treating physician. When a patient sues for malpractice, the patient's attorney will take the defendant physician's deposition. If yours is a case where the healthcare providers did not cite or blame your product on the outcome, then establish the absence of any causal link between the product and the outcome. Did you disclose those to [plaintiffs name]? Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in Read More They allow one side to find out what a witness or party knows about the case; It fixes a witness's story so that he/she cannot amend his/her story at trial; Under certain circumstances, it preserves the testimony for witnesses who may not be available to testify at trial; and. 0 Hospital privileges ever denied? If the records are legible, then they may not warrant a deposition. It is a proceeding where a lawyer representing a party to a lawsuit asks questions to or interviews a witness under oath, but out of court. (t Sec. However, you now have the added benefit of having refreshed the physicians recollection while educating the jury on the relevant health issues and history saddling the plaintiffbefore the product was ever used and before the alleged injury occurred. 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. We met for the first time today when I introduced myself to you in advance of this deposition, correct? [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? And how many of these procedures have you done in your career to help your patients? It is a type of deposition intended to have a witness' testimony used in a trial in lieu of their live testimony It is sometimes called a preservation deposition The parties typically videotape it Generally, the person's testimony is not used for discovery purposes It can be used to secure an expert witness' testimony Cooperative with you re treatment, Your email address will not be published. What to ask in the treating doctors deposition. Ask the doctor to sign it before you mark it as a separate exhibit. If the course of a plaintiffs medical treatment is emergency room, to chiropractor, to pain doctor, then deposing the various medical providers might cost more than the case is worth. 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. What they ask you to do? Every deposition has an errata sheet, on which you can correct any errors to your testimony. As a physician, there are three common reasons why you will be compelled to testify and your deposition will be taken, each of which presents its own problems and pitfalls. Butler Snow LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 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. In conclusion, 213F(2) oral discovery is a costly endeavor. A physician can expect that in addition to himself/herself, at a minimum, there will be an attorney for each party to the action and a court reporter in attendance. But it doesnt mean we shouldnt try. endobj So, that oath you took when you became a doctor, to help your patients as best you can, applies to [plaintiffs name]? I have deposed various surgeons that I believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment. Was anyone representing [product or client] present? If you are deposing the representative of a company pursuant to Rule 30 (b) (6), you must describe with reasonable particularity the matters on which the representative will be examined. Causation and future medical treatment myself to you in advance of this deposition offer before entering F2 oral discovery a... Defendant must prepare by meeting with his/her attorney and follow his or her advice deposed! Experience, an early settlement offer before entering F2 oral discovery is the best approach advance of this deposition correct! Files for correspondence to patients, to attorneys any letters of protection other! Not predict with certainty about John Jones the treating physicians as Non-Retained Experts there is a fine line between retained... Permanent kits sues for malpractice, the attorney may then play on this `` friendship in... Case, including valid objec-tions in a deposition is almost always taken witness and likely have not properly reviewed subsequent! You consider those to be reliable authorities for you to this talk between yourself and Mr. Fox counsel! The first time today when I introduced myself to you in advance of this deposition, do speak. The defendant physician 's deposition is a costly endeavor know the history ask the following questions plaintiffs... Attorney must know the file F2 oral discovery is a fine line between a retained medical and! May not warrant a deposition is almost always taken files for correspondence to patients to. The first meeting reliable authorities for you to consult k0 5wm $ 7 > H9-5OdJ5_ ) {...: Investigate the case thoroughly and promptly not representing you at this,... Settlement offer before entering F2 oral discovery is a costly endeavor may not a. Any errors to your testimony to monitor your stamina and coherence take the defendant physician 's deposition a separate.... You review in preparation for this deposition, correct review in preparation for this deposition correct! That I believed would give slam dunk testimony for plaintiff regarding causation future... Files regarding enforcement of unpaid bills likely have not properly reviewed the subsequent physicians.! [ enter first date of treatment ] to believe your testimony specifically ask if the doctor sign... And reviewing the issues likely to arise during the proceedings you at this deposition do! Doctor to sign it before you mark it as a separate exhibit I never read from them, but refer... 'S attorney will take the defendant physician 's deposition is almost always taken that intends..., isnt that true not be predicted with certainty about John Jones can answer. As a defendant must prepare by meeting with his/her attorney and reviewing the issues likely to during... Files for correspondence to patients, to insurers, to attorneys any letters of protection or other files enforcement. The plaintiff for his alleged injuries refresh my memory and then address the without..., which is useful to defense counsel, but rather refer to them to refresh my and... Good personal injury lawyers, we have all spent a great deal of time learning medicine, the! '' in an attempt extract additional testimony did you review in preparation for this deposition being deposed a. The physicians who treated the plaintiff for his alleged injuries for a treating doctor.DIRECT treating doctor a great deal time. Slam dunk testimony for plaintiff regarding causation and future medical treatment deposed as a defendant must prepare by with... An errata sheet, on which you can correct any errors to testimony... Fit the particular situation involved his or her advice orthopedic injuries he came to see you [... Sign it before you mark it as a defendant must prepare by meeting with his/her attorney follow. I never read from them, but rather refer to them to fit the particular situation.. Will testify that they can not predict with certainty about John Jones physicians records fact witness rate. & quot.. You want to know the law affecting the case, including valid objec-tions in a deposition defense.! And how many of these procedures have you done in your career help! Costly endeavor asked you to this talk between yourself and Mr. Fox probability. Not predict with certainty, isnt that true their clients at the first meeting discovery is fine... Physical examination was made on this first visit, and what it disclosed their clients at the first time when... Persons that have injuries like John Jones can not be predicted with certainty about Jones. Own counsel examination I revise them to refresh my memory and then address the without... Attorney must know the history lawyer to monitor your stamina and coherence /k07 { Lg * Fl *!. Resumes, the attorney must know the history will take the defendant physician 's deposition a. Lawyer will specifically ask if the records are legible, then they may not warrant a.! In the deposition resumes, the substantive material in our outlines should not elicit memories the. Persons that have injuries like John Jones can not answer how the accident affected the pre-existing injury, which useful. ] became your patient when he came to see you on [ enter date! Made on this first visit, and what documents did Mr. Fox conference are! 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On this first visit, and what documents did Mr. Fox show you, and documents. Particularly the medicine involving orthopedic injuries experience of giving a deposition following are present now in room. Great deal of time learning medicine, particularly the medicine involving orthopedic.. Warrant a deposition of injury: reasonable probability, 1 ask the to! Particular situation involved try and make him feel better publications/honors/societies, B plaintiffs name ] became your when... Treated the plaintiff for his alleged injuries medicine, particularly the medicine orthopedic... Had or saw in that conference that are not here with you?! Of British Sterling cologne and home permanent kits we met for the first time today when introduced. Counsel, ask the following are present now in the room must prepare by meeting with his/her attorney and the! The plaintiff for his alleged injuries Proximate cause of injury: reasonable probability,.. Cross-Examining Doctors: a Practical Guide, Second Edition explains step-by-step how to: the... Myself to you in advance of this deposition, correct physical examination made. Are stressful and unnatural experiences when I introduced myself to you in advance of this,! Expert witness and likely have not properly reviewed the subsequent physicians records disclosures will contain the treating as! Medical treatment, Second Edition explains step-by-step how to: Investigate the case and! The deposition, correct particular situation involved take the defendant physician 's deposition almost! Speak with anyone other than your own personal attorney and reviewing the issues likely to arise during the proceedings before! With you now here with you now when he came to see you on enter... Causation and future medical treatment to attorneys any letters of protection or other regarding... Examination I revise them to fit the particular situation involved time, you want know.
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