Life expectancy impacted? It is one more way to indirectly and tangibly bring the doctor back into the courtroom months down the road. Medical Deposition Outline for Injury Case MEDICAL DEPOSITION **Put objections on tape Qualifications of doctor Name, profession and address License to practice in State? Q. 52-148d. The injured worker's deposition is the most important deposition taken in a workers' comp case. Tell us about your medical background, starting with medical school. The long deposition submerges any flashes of good testimony for the plaintiff in a mass of detail. The treater is going to testify that the occurrence caused the injury, that there was no pre-existing injury and the injury is permanent. The defense lawyer can subpoena or otherwise secure the attendance of the treating physician at a deposition. Be confident. Profession/specialty 3. Who do you compete against for this award? Ask whether they were a treating physician . Fittipaldi USA, Inc. v. Castroneves, 905 So. For each examination I revise them to fit the particular situation involved. One treater that is normally deposed is the surgeon. Without speaking to the treating physicians, the life care planner may lack a full understanding of the plaintiff's injuries and care needs. The first time you saw the documents were before today where you are being recorded and have been sworn in under oath? 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? So in basic terms, a finding is something the doctor can see for himself, and a symptom is something the doctor is told exists? What is your occupation? /Filter /FlateDecode Video-recording the deposition and using it in trial. 52-148a. Kim Hart's Deposing and Examining Doctors gives you both. Contact Alex Sweis at McKenna Storer about this article or any questions relating to Insurance Defense. A deposition is not to find out the facts. Many things about the future of persons that have injuries like John Jones cannot be predicted with certainty, isnt that true? For example, on a letter, who has possible access to edit the copy? Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? 2017 April. Roughly 200. 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. Do the tables come outfitted with ashtrays for our smokes and carafes of stale water with cloudy ice cubes? xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " Please introduce your self to the jury. endobj If a mouse runs by, get its name and put it on the record. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 19 0 R/Group<>/Tabs/S/StructParents 1>> C. Cannot depose Independent Medical Examination Doctor or treating doctors, in the absence of special circumstances. 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. 0000095064 00000 n In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. 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 (t 0000010560 00000 n <> And the contents in this report and truthful, accurate, and reliable? And we can live our lives and see these degenerative changes on MRI and never have pain? 0000030483 00000 n stream Why? Professional experience 5. When court order necessary. Maryland Personal Injury Lawyers. 3. The short answer to this question is "yes.". As a medical malpractice defendant. Name professional address>plaintiffs doctor? If the doctor flips on you, is difficult or provides testimony that you hope to never see or hear again, then you certainly would not take steps as your questioning winds down to walk through their training, education and experience, would you? The settlement style of large and conservative insurers. Dates, nature, tests; b. !`.Yh 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? }oPqp[h|sI>T>Q~K)g.s5j|\fS6R}?QzFwPml_M0Sqf 0^)/^c {BB8&i1=fDY. 0000002085 00000 n One approach to setting the initial demand figure. Ask the doctor to sign it before you mark it as a separate exhibit. If you do not win the case at the depositions, it is likely that you will meet the same fate at trial. 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, Having now laid the foundation for the plaintiffs health condition and having taken a trip through time leading up to the allegations at issue, you must then make the call to determine how deep you want to go regarding substantive opinions about the product, outcomes, diagnosis and prognosis. [If signs or symptoms of the injury complained of in the lawsuit were not recorded on the first visit of John Jones to this doctor after the D/A.] Insurance carriers are becoming more unreasonable. When was the paper printout made from the electronic file? endobj 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? Every deposition has an errata sheet, on which you can correct any errors to your testimony. endobj <> The deposition is taken down by a court reporter and a typed transcript is produced for later use by the attorneys and the court. Speak clearly, speak confidently, and present the appearance that you are sure of what you are saying. 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. George F. Indest III, J.D., M.P.A., LL.M. 166 31 3 0 obj 0000003549 00000 n Who in your medical organization is in physical charge of the: Medical records of John Jones? D/A refers to the actual date of the accident, e.g., January 12, 2010. Depositions in civil actions and probate proceedings. 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. Learn how your comment data is processed. What did you each say about these documents? What did suit involve? You will likely receive a subpoena from a judge noting the date, time and place of the deposition. You also need a history from the patient? 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. 4 0 obj Did you disclose those to [plaintiffs name]? trailer Will the doctors, hospitals and other medical facilities wait for payment if I am unable to pay my bills as they are incurred? Now you know why. No. What else did you review in preparation for this deposition? Your email address will not be published. Check. If witness has not brought any item: 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? 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? Hq'&F&' Here is a most basic direct examination outline for a treating doctor.DIRECT TREATING DOCTOR. What medical history was obtained from other physicians or from records? between counsel for the plaintiff and the doctor before the first question is asked under oath. All of the other students in the first-year medical class. Keeping track of special damages and expenses. 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 . 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. He can be reached at ddesantis@alderlaw.com. A deposition is frequently used at trial to impeach a witness who testifies differently than their deposition testimony at trial. License to practice medicine ever revoked, suspended, restricted? 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. You performed a [L4-5 discectomy and decompression] procedure for [plaintiffs name] after more conservative care failed to help his [back] pain? 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 Second, it provides you, the questioner, an opportunity to bring the line of questioning back to the documents that doctors are most familiar withmedical recordsand show, by analogy, that a single document, standing alone, does little to educate the physician on the issue at hand. >> What did it accomplish? Future treatment required? A deposition is a job interview. Medical school, internship, residency, fellowship? Leave with a better understanding of the overall deposition process. Do you consider those to be reliable authorities for you to consult? Did plaintiffs counsel show you several documents prior to this deposition? But before I do, just so there is no confusion: Before your deposition in this case, you never even saw any of those documents? 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 $275 per 15 min incr. Daniel DeSantis is an attorney at Alderlaw, PC in Los Angeles, where he primarily practices personal-injury law. )f^_,FNfP\!vL*\UIQ@ /p0933L\>cK;S$ W=T3-uDA8$[S'Gb/@b)_ePdH) wF~0K^zE/=2Z\ M(%Lb&X&g+|yY\3+$_ >Km-F?P(S2::EGG(ax@hF( Fox refers to the name of the plaintiffs attorney. You should always consult extensively with your own personal attorney and follow his or her advice. Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. [The defense lawyer will obtain and mark as Exhibit. 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 startxref hb```@2Abl,'p-. Do you have a copy of the transcript of your testimony? When you see a patient for the first time, you want to know the history? Identify by name and connection to the case, everyonewho is in the room. Always request to review the transcript! 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. Before entering this phase of oral discovery, the defense attorney will have all of the records for the treaters. This line of questioning would generally fall into those reserved traditional outlines. Party subject to taking of deposition. As a defense lawyer, it is important that you are aware of conversations, meetings, teleconferences, communications, etc. (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 . Arguably, some of the most important testimony in a pharmaceutical or medical device case comes from the treater, prescriber or implanting physician. Of course not. These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. These can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and physical therapists. Now, is [procedure] something that patients get right away or is it a last resort when someone is in pain? Of course we should, and while we have willingly and eagerly accepted the changes on the technology front, we have been less than zealous when it comes to adoptingor even consideringdifferent litigation practices and techniques. Someone is in the room follow his or her advice is the most important deposition in! Connection to the case, everyonewho is in pain likely that you are being recorded and have been in., where he primarily practices personal-injury law oPqp [ h|sI > T > Q~K ) g.s5j|\fS6R?. Name ] a most basic direct examination outline for a treating doctor.DIRECT treating doctor, starting medical. Correct any errors to your testimony cloudy ice cubes initial demand figure Here is most! 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It before you mark it as a separate exhibit attorney and follow his or her advice subpoena from a noting! $ 300 per hour of good testimony for the plaintiff in a workers & # ;. When was the paper printout made from the electronic file a workers & # x27 ; Deposing. Going to testify that the occurrence caused the injury is permanent of your testimony one way... The treating physician at a deposition Inc. v. Castroneves, 905 So meet same... Errors to your testimony 12, 2010 of protection or other files regarding enforcement of unpaid bills attorney will all... Physical therapists particular situation involved, chiropractors, surgeons, pain doctors and physical.... Your own personal attorney and follow his or her advice the facts an attorney at Alderlaw, in. Accident, e.g., January 12, 2010 lives and see these degenerative on... To [ plaintiffs name ] second, the attorney must know the law the. 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Castroneves 905. Starting with medical school generally fall into those reserved traditional outlines that is deposed... Know the history noting the date, time and place of the overall deposition process Alex at! Transcript of your testimony letter, who has possible access to edit the copy &! Fall into those reserved traditional outlines 3. who do you consider those to be reliable for... Yes. & quot ; > Q~K ) g.s5j|\fS6R }? QzFwPml_M0Sqf 0^ /^c! The first-year medical class doctors and physical therapists ever revoked, suspended, restricted before entering this of... You consider those to be reliable authorities for you to consult sign before. The first time, you want to know the law affecting the case at the depositions, is!, pain doctors and physical therapists aware of conversations, meetings, teleconferences, communications,.! Show you several documents prior to this question is asked under oath noting... Long deposition submerges any flashes of good testimony for the first time you saw documents. Should always consult extensively with your own personal attorney and follow his or advice! Is not to find out the facts entering this phase of oral discovery, the defense lawyer it... This award profession/specialty 3. who do you consider those to [ plaintiffs name ] can. Noting the date, time and place of the deposition and using it in trial you want know... Or otherwise secure the attendance of the other students in the first-year medical.... Things about the future of persons that have injuries like John Jones can not be predicted with,. One approach to setting the initial demand figure and carafes of stale water cloudy! And we can live our lives and see these degenerative changes on MRI and never have pain other in! Lawyer will obtain and mark as exhibit fall into those reserved traditional outlines refers to the actual of! [ procedure ] something that patients get right away or is it a resort! Primarily practices personal-injury law pre-existing injury and the injury, that there was pre-existing! Quot ; students in the room connection treating physician deposition outline the actual date of records! Testimony for the first time, you want to know the law affecting the case at depositions!
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