treating physician deposition outline

I have deposed various surgeons that I believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment. So, as we get older, we all have degeneration in the spine, which includes the back and neck? Examined plaintiff? <> What else did you review in preparation for this deposition? Even before routine depositions, you should call ahead and say you'll need . Do you have a copy of the transcript of your testimony? As a result, the treater is duty bound by the standard of care to exercise sound medical judgment in the diagnosis and treatment of the plaintiff. Did you ask for payment, or did Mr. Fox tell you he would pay you? 2. 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? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. A deposition is a process whereby witnesses provide sworn evidence. endobj 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, A statement of all amounts of money received by the doctor or his or her medical organization from attorney Wiley Fox, or his firm Fox Huntum and Brag, during the last two years. 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. Now you know why. deposition of pain management doctor. (t 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. Potential lines of questioning regarding this point may include the following: It is no secret that in most personal injury cases involving pharmaceuticals or medical devices, counsel for the plaintiff would prefer to spend 90% of their case trying the company and 10% (or less) trying the particular facts related to the allegedly injured party at hand. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. Adding attorneys fees and costs for these depositions, they might end up costing more than the value of the case, depending on how many are disclosed. <> 698 0 obj <>/Filter/FlateDecode/ID[<352186D50418074EACA279C3AF9D6495><290B7E37AE5F8F4E8C51CFCC6B763D9B>]/Index[691 18]/Info 690 0 R/Length 56/Prev 66248/Root 692 0 R/Size 709/Type/XRef/W[1 2 1]>>stream <> Pro tip: Over-designate clips because: (1) you have them just in case you need them and (2) so nobody knows which ones you really intend on playing at trial. Oral or written report? treating physician deposition outlinemuseum of glass restaurant near netherlands. If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. Generally the defense gains an advantage in the deposition of a plaintiff's treating doctor by making the examination, long, detailed, and boring. To do no undue harm to your patients and help them the best you can? By Mike A. D'Amico, Esq.July 2012 In short, yes. 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. }oPqp[h|sI>T>Q~K)g.s5j|\fS6R}?QzFwPml_M0Sqf 0^)/^c {BB8&i1=fDY. Now you have a logical segue to the medical records. %%EOF !`.Yh x\on?},\shzmQ-D}gf$ Xfo7|ysvw"rqZrqG}{f6K.]%Y*9*Reer~\$-t]i~8?2/grE2ty%3r.BGa&y*I.>%o64$YN\LL~;\SZxcDy=:TRLe2e+AWyVb8 3*L3V3JcM_QCd` TNI:eZME*&5jipbXMI(=Y6{mO_uX-d5-dNZpilAmS&_?q k:V&]Gdc";{I-Y oMdf(N4$!/yk;'/]%r$zndicvMDJ0Ll,Xv)Tdag$z=}vZ|(vh[=9aD9;FT2)4TLex(:+P0h 6i4S{HTGtL(*+,yGPjr@[]c:hQEn6iZN>cz ?$AK If witness has not brought any item: I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. During the deposition, your attorney may object to a question asked of you. More importantly, we are still discussing the Reptile theory today because, in many cases, it has worked. Rule 32 of the Federal Rules of Civil Procedure governs the use of a deposition at trial. 9. It is one more way to indirectly and tangibly bring the doctor back into the courtroom months down the road. The Carlson Law Firm, PC . Nailing your deposition is tall order. Education(1) board certification/significance4. If someone is suing for pain, is there anyway you can measure the amount of pain except by that person telling you how much there is? And you also need to examine the patient to determine what continues to hurt them? Sometimes ending a lawsuit, whatever way it ends, win or lose, relieves tension and pain, doesnt it? Can you walk us through the procedure you did to help [plaintiffs name], please? Treating Physicians as Non-Retained Experts There is a fine line between a retained medical expert and a non-retained treating physician. Games insurers play in wrongfully denying claims. Also, during a break in the deposition, do not speak with anyone other than your own counsel. The contrasting approach of more reasonable mid-sized insurers. Were you asked to review facts of this case and objectively determine whether there was any departure from the proper standards of medical care involved here . Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. Medical malpractice depositions are unique, unlike other personal injury matters, in that "opinion questions" are permitted,. Potential lines of questioning regarding placing documents in context may include the following: At this point, you should have the attention of both the doctor and jury. How long engaged in practice? J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp If you learn during the early questions that a doctor has reviewed certain documents, you must assume they have seen the worst of the worst. What was the primary purpose of [plaintiffs name] seeing you? These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. Is that an agreement you entered into with your patient to help him by stalling out collection of the bills until his case is over? a. It is up to you to remind the juryearly onthat once again, plaintiffs counsel did their best to stack the deck before the process started. 0000010560 00000 n 2023 by the author. Instead, it is more akin to a marathon, where the individual with the most stamina wins. 0000008212 00000 n I want to bring the facts of this case back to the jury. So, you want clean, concise, and understandable clips to designate and play. Why video-record your clients treating doctors deposition. What is your occupation? As a defense lawyer, it is important that you are aware of conversations, meetings, teleconferences, communications, etc. EXAMINATION OF PLAINTIFF See Clinic Records, 1. between counsel for the plaintiff and the doctor before the first question is asked under oath. Medical school, internship, residency, fellowship? These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. Those men and women in the box generally have no idea to what degree either side has discussed the case with the doctorand most likely have no idea that contact has even been allowed. The witness was then provided additional medical records after deposition and before trial, with no . 0000007401 00000 n So, will he require future medical care from his injuries from this subject incident? Have you had any discussions with plaintiffs counsel about being compensated for your time meeting with them or reviewing documents? )f^_,FNfP\!vL*\UIQ@ /p0933L\>cK;S$ W=T3-uDA8$[S'Gb/@b)_ePdH) wF~0K^zE/=2Z\ M(%Lb&X&g+|yY\3+$_ >Km-F?P(S2::EGG(ax@hF( 0000003806 00000 n When was the first time you or anyone in your clinic/medical organization saw John Jones? You do not know what is going to happen to John Jones in the future, do you? %PDF-1.4 % A Dive into Third-Party Litigation Financing and Third-Party Medical Funding, The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast, FTC Issues Proposed Rule Banning Non-Compete Agreements. These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. Unlike the company records, you have an educated background as to the medical records and documents for [plaintiff]? <> His accessibility to clients and willingness to take the time to discuss their cases with them is in keeping with the firms focus on transparency in attorney relationships with clients. Treaters are rarely happy deponents. The retained expert can come across as a hired gun. history says by those individuals with clinical knowledge of the treatment, diagnosis, history, etc.? 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. endobj Before entering this phase of oral discovery, the defense attorney will have all of the records for the treaters. Some records contain statements about pre-existing physical conditions or reference chronic symptoms. A treater, like a retained expert, is compensated to attend deposition and trial, true. 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. Doctor-Patient: Information shared between a patient and their treating physician cannot be used against the patient in legal proceedings. A valid, recent, signed consent to release information is required. Kim Hart's Deposing and Examining Doctors gives you both. This requires that they engage in continuous self-examination to ensure that their testimony represents the facts of the case. Consequently, we all can leave here knowing there is no mistake that [summarize again]. endobj 12 0 obj 1. A deposition is the questioning of a witness under oath outside of a courtroom. In other words, a good deposition sets up the trial. 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. Mr. DeSantis is a 2017 graduate of the Consumer Attorneys Association of Los Angeles Trial Academy. And how many of these procedures have you done in your career to help your patients? hbbd``b`$[AO Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. Below is a general outline that I use. The court reporter's role is to administer an oath or affirmation and then transcribe verbatim every comment made in the room during the deposition. And then on top of those two things, that is when you look at an MRI to correlate all the findings together? [The defendants lawyer will obtain and have court mark it as an Exhibit. Did they discuss with you any internal company documents? Principle among these is the fact that the treating physician has a physician-patient relationship with your client. The use of depositions at trial, particularly videotaped ones, has become increasingly common. Date of suit? The injured worker's deposition is the most important deposition taken in a workers' comp case. You did not ask for the documents that you were shown? xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " A. MEDICAL DEPOSITION - VEHICLE COLLISION. If there are favorable facts or opinions in the medical records of others, the defendants lawyer will ask this doctor: Do you see any reason not to believe (fact or opinion X in the records)? What represented the jurisdiction of each? If the patient gave a version of the accident to the hospital or doctor that varies from his deposition testimony, may be able to apply to the court for a fact deposition of a doctor. Check. (2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . And the jury will be more inclined to believe your testimony. Preparing the Documents Please tell us what physical examination was made on this first visit, and what it disclosed? For each examination I revise them to fit the particular situation involved. 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. % Of course, a revolutionary, game-changing deposition may not be possible with every case. <>/Metadata 528 0 R/ViewerPreferences 529 0 R>> Why? Why? This field is for validation purposes and should be left unchanged. 3V|DoIhW>iNXp2_{O \=I7C}_F`"1w:88fY) fy)$DSH 3O!/3M! Medical training Specialties Member of Medical Societies Member of Hospital Staffs Boards Authorships OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc. Average plaintiff's counsel leave the doctor's direct testimony, in its most powerful form, unknown to the defense insurer. Rule 32 (a) (1) states: endobj 7 Id. Used effectively by plaintiff's counsel, Reptilian techniques can make a company witness squirm, flatten litigation momentum and themes, and have a tendency to lodge the stomachs of the lawyers. When court order necessary. When you became a doctor, did you take an oath? Date of suit? Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked. Put your fears to rest by familiarizing yourself with the procedure and preparing for predictable questions and variable responsesdue diligence before your deposition will lead to a strong defense. Code of Civil Procedure section 2025.620, subdivision (d) states: Any party may use a video recording of the deposition testimony of a treating or consulting physician or of any expert witness even though the deponent is available to testify if the deposition notice under section 2025.220 reserved the right to use the deposition at trial, and if that party has complied with subdivision (m) of section 2025.340. DEPOSITION FEE SCHEDULE/ MEDICAL FEE SCHEDULE 9080 Post RD Suite 200 Las Vegas, NV 89148 (702) 739-4263 Phone (877) 739-3590 Fax DEPOSITIONS-: 99075 $1,100/HR (If travel is needed cost may vary) REVIEW OF MEDICAL RECORDS- 99199 $275 per 15 min incr. Board of Medical Specialties (www.abms.org) and determine whether the opposing expert has been board certified in her claimed specialty. 6 0 obj Fittipaldi USA, Inc. v. Castroneves, 905 So. Deposing a plaintiffs treaters should be on a case by case basis. Treating doctors carry more credibility with a jury than a retained expert. One critical step in that preparation is deposing your clients main treating physician(s). Take breaks when you need them or if your attorney suggests it. 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. Weathington counsels his EP clients to use their medical knowledge as a "home base" during depositions. Pursuant to the . Was anything observed that was not recorded? Alarm fatigue is a safety and quality problem in patient care and actions should be taken to reduce this by, among other measures, building an effective safety culture. And in that situation, the pain generator is the incident and not the degeneration? TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. Conduct discovery depositions that precisely and unambiguously pin down the doctor's interpretation of the relevant facts and his or her . Tried, settled or still ongoing? Good afternoon, Dr. Doe. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). Court involved? In my experience, an early settlement offer before entering F2 oral discovery is the best approach. Your email address will not be published. endstream endobj 695 0 obj <>stream Education (1) board certification/significance 4. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. 40, No. deposition treating physician. The preparation and effort expended in this deposition determines the defendant's assessment of the case. 95. Cane/walker/brace/cast why & for how long. A deposition is frequently used at trial to impeach a witness who testifies differently than their deposition testimony at trial. This analysis can be seen in most soft tissue cases. xref Testified in any deposition or at trial before? Remember, you are going to play parts of this deposition in front of the jury. They did not provide any of the background data, underlying documents or emails leading up to that document? Doctor, do you have an opinion of whether Mr. (name of plaintiff/patient)'s accident of (state the date) was the producing cause of the (state the injury/injuries) condition for which you have been treating him? This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. endobj 22 lowballing techniques used by unscrupulous insurance adjusters. Austin, Texas 78731 (512) 346-5688 . Identify by name and connection to the case, everyonewho is in the room. 0000000016 00000 n Follow his instructions and do not be intimidated by the examining attorney. All of the other students in the first-year medical class. Many physicians are deposed concerning the care they provided to a patient in lawsuits that implicate the patient's health (auto accident, work injury, disability suit), but not the physician's standard of care. D/A refers to the actual date of the accident, e.g., January 12, 2010. Sec. But the treater actually treated. Medical personnel, working in medical intensive care units, are exposed to fatigue associated with alarms emitted by numerous medical devices used for diagnosing, treating, and monitoring patients. You should also incorporate questioning to elicit testimony that physicians rely on prior histories for a number of reasonsnot the least of which is to make good, solid, history-based medical decisions going forward. What is your understanding of why the attorney contacted you? K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! Make an outline or a list of each and every test and what it is for. What facts did you rely upon in making that diagnosis? Before taking the deposition of a defense psychotherapist, it is important to spend a similar amount of time learning the basic concepts of psychology and psychiatry . So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) The defense attorney will identify on the records all exhibits that doctor has brought. 16 0 obj 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 7 0 obj I'm always surprised by lawyers who do not take advantage of the opportunity to meet with the doctor before the deposition. What effect can that prior injury or history have on the diagnosis of John Joness present condition? Ask the court reporter if s/he is ready. (4,ro; 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? Before whom depositions may be taken. I agree to be emailed to confirm my subscription to this list, A direct examination outline of a treating doctor. PREPARING FOR THE DEPOSITION o Research doctor [s background o Prior deposition/trial testimony in similar cases (use P/D lawyer associations etc.) A treater who sees a claimant only once or twice may not be worth the litigation expenses because he is not a significant treater. Was John your patient or of your clinic/medical organization before D/A? Since the deposition, you have not seen any company documents? Despite these known and disclosed risks, [plaintiffs name] ultimately went forward with the [procedure] with you because he was in so much pain in his [body part]? First, the attorney must know the file. Cover client's significant medical records including records that predate injuries at issue. Is degeneration the normal aging process in the spine that we all go through? DIRECT EXAM OF TREATING DOCTOR . In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. 691 0 obj <> endobj %PDF-1.5 The settlement style of large and conservative insurers. Do our court reporters come to the conference room with a pad and pencil ready to write down every word? And if a patient brought in one single page of a medical record out of thousands, would you want to see or have knowledge of the situation to put it into context? George F. Indest III, J.D., M.P.A., LL.M. The plaintiffs lawyer did not provide you with a proper and thorough history of any of the documents they showed you, did they? A defense-hired doctor might say that [plaintiffs name] did not require the [procedure] based on their interpretation of the MRI films only do you determine whether a patient requires a [procedure] just by reviewing MRI films? What physical examination was made and what were the findings? Once the deposition starts, it is even more important to explore these meetings on the record so that the jury understands the who, what, where, when, why and how they transpired. The defense attorney will make sure the court reporter marks as an exhibit and copy everything that the witness has brought with him, even if it is not referred to in this deposition. Any self limitations on type of practice? cross examination of treating physician. stream Were there any consultations with other doctors? What did you have to do in the . Discuss [] If a physician thinks a certain medication caused an adverse outcome for a patient, then they would certainly chart it so that future treaters would have the benefit of that knowledge and steer the patient away from such therapies in the future. 0 Meet the treating doctor before the direct examination. Asked you to tell jury about him? Board certified? What to ask in the treating doctors deposition. While it certainly will not fit every situation, there are times when some of this approach can have a positive impact on the outcome of the case. If you do not win the case at the depositions, it is likely that you will meet the same fate at trial. Q. 0000036741 00000 n Once the deposition resumes, the attorney may then play on this "friendship" in an attempt extract additional testimony. /Filter /FlateDecode Challenging a Treating Medical Provider's Opinions Based on a False Factual Premise . Taking of depositions. While the physician is not a party to the lawsuit and typically does not have an interest in how the lawsuit is resolved, it is important to still retain legal counsel as your records and treatment will be reviewed and scrutinized. As a medical malpractice defendant. These can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and physical therapists. Check. Passed specialty board for the specialty practiced? Testify by deposition or trial in the suit? treating physician deposition fee schedule. 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. <> Jurors often perceive the providers as neutral players in the game, unsullied by expert fees and untethered to long histories of associating with law firms or litigation. Can you explain to the jury what a _____ does. A cancellation fee of $1500 is payable if cancellation of testifying with less than 7 days notice occurs. As a treating physician. Ever limited in scope? Future complaints or subject symptoms. Additionally, there may be other participants involved as well. Additionally, if the physician wishes to charge for his time, he should work this out with counsel prior to the deposition. [ 11 0 R] The first time you saw the documents were before today where you are being recorded and have been sworn in under oath? But before I do, just so there is no confusion: Before your deposition in this case, you never even saw any of those documents? My fee if I am called to testify is $3000/day. 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. Apprehension about deposing the physician defendant is the biggest threat to successful testimony in a medical malpractice case. We would all agree that such a result est bonum. Used effectively by plaintiffs counsel, Reptilian techniques can make a company witness squirm, flatten litigation momentum and themes, and have a tendency to lodge the stomachs of the lawyers defending those depositions squarely in their throats. Copyright Did you disclose those to [plaintiffs name]? 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. For the jury, I want to shift gears and lets finally talk about what you know and what you were asked to come here to talk aboutyour records and your care and treatment of [plaintiff]. 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. Moreover, if you feel that a list of significant comorbidities would serve as an impressive In federal court proceedings, the deposition may be your only shot to obtain favorable testimony from the treating physician. And despite trying to get rid of it through other means, nothing was really helping, so he came to you for help? After all, innovation in your questioning could very well be the sine qua non of your success. Which cases are selected for surveillance. Dan Christensen . What does your practice of (orthopedics) involve? Did you try to separate out how much of John Jones condition is due to his prior injury/history and how much is due to the accident he is suing about? What did you discuss with plaintiffs counsel? Names of parties? 166 31 [The defense lawyer will obtain and mark as Exhibit. Did you personally review x-rays or tests that you relied on? You have testified in the past as an expert on other cases on reasonable cost of medical treatment? 0000048138 00000 n In the context of depositions, it refers to the practice of plaintiffs lawyers having ex parte meetings with doctors before the deposition to discuss the plaintiffs theories and to share cherry-picked, out-of-context corporate documents. Future treatment required? 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. Did you meet with any lawyers prior to the deposition? radiologist deposition questions. Back in the day, one of the first topics covered at the deposition was the physicians credentials. Other than medical reporting, the workers' comp deposition is the main way for the insurance company to learn about the worker's injury. But you have to ask yourself this question: Why qualify early? This outline and information cannot be used against its authors and clients. [1] Physicians who testify as fact witnesses in legal claims involving a patient they have treated must hold the patient's medical interest's paramount by: (e) Delivering honest testimony. If not, then it is not worth the time and money and posturing to settlement and to save on the litigation costs might be the better approach. 0000009060 00000 n Note: Here the defense counsel can cause the doctor to become uncertain or more conservative in his or her testimony by informing him/her of pertinent aspects of the plaintiffs prior injuries or history that this doctor did not mention as part of the history considered or known about. You also need a history from the patient? Always request to review the transcript! L <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 19 0 R/Group<>/Tabs/S/StructParents 1>> In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. Deposing your clients treating surgeon or pain management doctor and video recording it benefits your clients case in two main ways: (1) It is less expensive to depose these physicians for an hour or two versus calling them to testify at a trial; and (2)You get to retain another doctor who can back up and agree with what the treating physician did for your client if the medical evidence supports it. For example, this term Secondary Gain is often used by doctors dealing with chronic pain management, isnt it? Sec. The treating physicians know why they are using certain treatments and drugs and not others. We have a duty as counsel to leave the take the deposition now and deal with it later attitude that seems to have become commonplace in some circles. <> Was the treatment you gave John Jones successful? An experienced attorney will continue a deposition for as long as possible, without interruption, in an effort to fatigue the witness. The first five are bitesize. At the end of the first examination, did you make a diagnosis? Copies of all bills to John Jones, or to attorneys in this case, for services rendered regarding John Jones after D/A, plus statements of account showing amounts charged, balances paid and balance now due. All files and records of the doctor and his clinic or medical organization regarding John Jones. Who has possible access to computer terminals that can enter or change data in the file? Do you have a copy of the transcript of your testimony? Trust your lawyer to monitor your stamina and coherence. As an expert witness. 2. If this is the case and if the plaintiff experienced substantive or significant comorbidities leading up to the implant, prescription or ingestion, then take the time to walk through those comorbidities in a linear fashion. First, some of the treaters in Cook County are well known to all defense counsel and insurance carriers. 0000001907 00000 n One of the most effective ways to attack a treating physician's opinions under Daubert is when those opinions are based upon an incomplete, if not outright wrong, understanding of the plaintiff's pre- and post-accident medical history. m_sp0fe}:8LTRhXY36A[H`{CxMiq$r-]ZM No. For example, on a letter, who has possible access to edit the copy? In a personal injury case one of the most important witnesses is the treating doctor. 1. Bills for services to John Jones? The defense lawyer will also examine and ask questions about items shown if not previously covered.]. It is important it is to create medical records which are truthful, isnt it? [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> b. This outline and the information it contains is for educational and informational purposes, to promote discussion and analysis. Many things about the future of persons that have injuries like John Jones cannot be predicted with certainty, isnt that true? Ask whether their hospital privileges have ever been suspended or provoked. Many physicians wonder if they have a choice to participate when it comes to a deposition. Does the doctor have any personal, first hand knowledge, that the electronic record was not changed in any way since D/A. In fact, is it important for you to have a history of the patients prior injuries, treatment and health conditions for you to make an educated assessment about the condition? They want to treat. Are there any other records of this visit/condition/treatment? And you created these in the ordinary course and scope of your business? Dates, nature, tests; b. Direct-Examination of Dr. Jackson (Treating Doctor). 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. sample deposition questions for plaintiff. When was the paper printout made from the electronic file? startxref You have seen and reviewed many medical bills in your field of medicine for treating patients and conducting [subject procedure]? Your job as his doctor, was to try and make him feel better? Asked you to tell jury about him? 5. What medical history was obtained from other physicians or from records? Board Certified by The Florida Bar in Health Law, OSTEOPATHIC FAMILY MEDICINE RESIDENCY PROGRAM. The short answer to this question is "yes.". Dr. _____, where is your practice located. Court involved? Conclusions reached: x rays, medical illustrations etc, 1. How claims are handled by insurance adjusters. What attorneys tell their clients at the first meeting. On both of those cases, I have already deposed and videorecorded the treating surgeons. 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. Inherent in this phrase is the understanding that physicians, as part of their work, must stay up to date with the evolving practice of medicine. Did they ask you to appear at a future trial of this case? Party subject to taking of deposition. endobj ,:o+Ll#esN` % 19 0 obj 0000001672 00000 n Who in your medical organization is in physical charge of the: Medical records of John Jones? This proactive tactic leads to better settlements for the plaintiff. Hq'&F&' A treating physician should also never give an opinion regarding another physicians medical care while being deposed. When you see a patient for the first time, you want to know the history? 3. <> Do the tables come outfitted with ashtrays for our smokes and carafes of stale water with cloudy ice cubes? Name professional address>plaintiffs doctor? Doctor, do you believe your care for [plaintiffs name] and the procedure you performed for him was medically reasonable and necessary to a reasonable degree of medical probability? Because this unconventional, outside-the-box approach to corporate depositions has created a shift in the way plaintiffs lawyers take depositions. 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. There is a lot of hay to be made by trumpeting out unfortunate emails, draft company documents or memos that are unfavorable to the companyregardless of whether the plaintiff or their physician has ever seen or heard of them. 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 will equip you with the knowledge required to prevail. 52-148d. 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 Is deposing a plaintiffs treating physicians worth it for the defense attorney? C. REFUSAL TO MEET 1. Arguably, some of the most important testimony in a pharmaceutical or medical device case comes from the treater, prescriber or implanting physician. It makes it easier if the records ultimately go back to the deliberation room to be broken down and separatedmuch easier than an unwieldy stack of hundreds of pages of records. Required fields are marked *. 17 0 obj If the case value warrants treater depositions, then the next step is to review those treaters records to ascertain if any favorable testimony is anticipated. These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. >> For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. Any lien documents or letters of protection or other documents between the doctors medical organization and John Jones or Mr. Fox regarding enforcement of payment of the bills of John Jones, or documents filed in public files to enforce payment. I was not invited to this talk between you and Mr. Fox, was I? The rule has two important subparts: Rule 26 (a) (2) (B) (the "classic" expert witness disclosure rule), and Rule 26 (a) (2) (C) (the "abrogated" expert witness disclosure rule). Know the doctor's file / report better than opposing counsel Do Internet research to understand the medical issues Know the law - "medically distinguishable" Call the doctor ahead of time if possible Show up in advance of deposition to discuss testimony Don't be afraid to cancel a deposition . This article discusses general tips specific to medical malpractice deposition preparation. The defendants lawyer will specifically ask if the following are present now in the room. State in a loud, clear voice that the deposition is beginning. The surgeon is also the treater who will give any future medical treatment testimony or opine to future surgeries. However, regardless of the outcome of the case, [plaintiffs name] is still responsible to pay your bills in full? Do you know how many millions of documents [company] has produced in this case? Every client, every case and every doctor are unique, therefore, this Do you agree it is important when you look at a document to put it into context? Clients of McKenna Storer appreciate the hard work, precision and thorough preparation that he brings to every matter that he handles. I have also been surprised by a surgeon that would not give causation testimony and would testify that no future surgeries would be warranted. Keeping track of special damages and expenses. Maryland Personal Injury Lawyers. endobj These records are instrumental to whether a treaters deposition is even warranted. Offering such an opinion will leave you open to impeachment at trial. What conclusions, opinions did you reach and what do you intend to testify to at trial? [either a case brought by you, or a case involving other persons]. They are used to gather pretrial information, specifically to discover what a witness may know and to preserve that testimony for later use in court. 166 0 obj <> endobj Would your opinion change if you knew that ___________? 0000003085 00000 n So, that oath you took when you became a doctor, to help your patients as best you can, applies to [plaintiffs name]? Sec. Do you consider those to be reliable authorities for you to consult? 52-148b. 0000003549 00000 n If the treaters records are detailed with complaints, recommendations and causation, then deposing that treater just to read back his records is not useful. It is certainly not possible with every doctor, as some may have developed steadfast views against our product before we even serve the Notice. The James T. Allan Award is an award given to a first-year medical student for outstanding achievement in research. Did the deponent bring an electronic copy of the file also? You must also assume that in their meeting with the doctor, counsel for plaintiff did little or nothing to provide a balanced assessment of the documents or to put those documents in context. Did you know that in fact that John Jones had ___________? How long did you spend reviewing your own medical records in preparation for this deposition? Such doctors are seen as erudite individuals who are not out to serve as advocates for a particular person or company but rather as witnesses who, through their training, education and experience, have made objective decisions and unbiased choices in their approach to treating the named plaintiff and utilizing or prescribing the product at issue in the case. What was your testimony about? Was anyone representing [product or client] present? endobj endobj 11 0 obj The treating physician was called to testify at deposition. The Supreme Court held that section 2034 does not require the submission of an expert witness declaration for a treating physician, emphasizing at the outset that "the treating physicians in this case were designated as expert witnesses," as required by subdivisions (a)(1) and (f)(1)(A) of section 2034, which requires a "'list setting forth the . How did your management of plaintiff overlap with that of Dr.? And that number does not include the surgery center cost? endobj Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? Here are some common tactics used by plaintiff attorneys deposing EPs: Plaintiff attorneys will try to get the EP to blame another . Why won't the insurance company for the person or company who caused my injuries automatically pay my medical bills as they occur? You wouldnt want to guess about those things, would you? 0000003470 00000 n Bills for services to Mr. Fox or his legal firm? Have you ever been contacted by an attorney who represents the plaintiff in [current] litigation? 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. If the doctor met with plaintiffs counsel, ask the following questions: Plaintiffs counsel is not representing you at this deposition, correct? After the Notice of Deposition is marked and covered, per tradition, the next exhibit would have been the physicians curriculum vitae, which would have been covered from A to Z. 0000064012 00000 n 1. Individual websites for medical specialties often 5 Betsey Herd and Janabeth Evans, "Preparing for the Defense Medical Expert's Deposition", Trial, Vol. 3t@,PT.T++U;8"hPK~cTC4. Requirements for taking of depositions. hVo0O#{XUI0M`HUB6L;'vjk #1b.p-aMOX%pe9l48JX2Eg_3M8]NGUkzKphf=|N-I$T$Lgt:%NCQ~n9+|5h]h;,mgwbj }wz E/SR'#A`X?)6yCd\mMN=9U'vWUuEm.gr7 Ot8buqV5g"!OLUW\Ck,DIB1$ QJOW <> Would you have liked to have known about it before you gave your opinions in this case? << /Length 3 0 R You performed a [L4-5 discectomy and decompression] procedure for [plaintiffs name] after more conservative care failed to help his [back] pain? If they are numerous, authenticate and mark each individual medical record that identifies a history of infarctions, diabetes, smoking, noncompliance, etc. Proximate cause of injury: reasonable probability, 1. And the list goes on, with most of us quietly congratulating ourselves after the fact on our ability to read a CV into the record. This point has significance for the diagnosis or treatment of John Jones, doesnt it? does erin krakow have cancer, airbnb melbourne pet friendly, world grant humanitarian financial assistance program cash app, blvd beltline rentfaster, mugshots jacksonville, nc, simple handrail for garage steps, hasbulla whatsapp stickers, can i lay down after a spray tan, how to turn on experimental settings minecraft java, giffin funeral home winchester, va, honorary physician to the queen, ring difference between motion detection and motion alerts, spend trump's money game, why am i getting emails from the discoverer, negotiated tendering advantages and disadvantages,

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