4. endobj Moreover, if you feel that a list of significant comorbidities would serve as an impressive The defense offered to pay $40, the statutory "fact witness rate." . endobj The long deposition submerges any flashes of good testimony for the plaintiff in a mass of detail. Take breaks when you need them or if your attorney suggests it. Surgeons are expensive to depose, but they are probably the star causation witness for a plaintiff. Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. 12 0 obj 0000004096 00000 n The treater is going to testify that the occurrence caused the injury, that there was no pre-existing injury and the injury is permanent. Date of suit? %PDF-1.4 % The Carlson Law Firm, PC . Future conditions or impairments. 5. That is precisely why, in predeposition prep sessions, plaintiffs lawyers may spend hours with a doctor walking through document after company document to set the table for the wouldnt you have liked to have known questioning. Required fields are marked *. When a patient sues for malpractice, the patient's attorney will take the defendant physician's deposition. Pursuant to the . Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? Profession/specialty 3. This outline and information cannot be used against its authors and clients. However, the plaintiff can use the treater to obtain aggravation or exacerbation testimony. Now, is [procedure] something that patients get right away or is it a last resort when someone is in pain? 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. Build a Morning News Brief: Easy, No Clutter, Free! The defendants lawyer will check to be sure that the doctor brought not only bills to John Jones, but also the bills sent to attorneys in this case, either showing services to the patient or services to the attorneys. Before one can conduct a useful deposition of a plaintiff, there are three basic things that every attorney must do before the deposition even starts. 0000048138 00000 n What is your occupation? But you have to ask yourself this question: Why qualify early? By this point, you have established the importance of medical records as a critical part of a true and accurate history. What insurance adjusters look for in evaluating claims. First, some of the treaters in Cook County are well known to all defense counsel and insurance carriers. Do you consider those reliable authorities?. Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. What physical examination was made and what were the findings? Now you have a logical segue to the medical records. 52-148b. 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. J&zXLEn& "( [2mf#'cwvm/*Uz/MealffAc,sX19 v @@;@R`q9 9b 15 0 obj 0000009863 00000 n Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. Profession/specialty3. TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. Date of suit? !`.Yh See 28 U.S.C . 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. They know what future treatment they recommend and why. And that number does not include the surgery center cost? For each examination I revise them to fit the particular situation involved. The witness was then provided additional medical records after deposition and before trial, with no . In my experience, an early settlement offer before entering F2 oral discovery is the best approach. <> This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. Doctor-Patient: Information shared between a patient and their treating physician cannot be used against the patient in legal proceedings. How long engaged in practice? [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? )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( Through training, targeted witness preparation, issue-focused redirect examinations and effective motion practice, we have worked to neutralize and eliminate those jury-friendly sound bites. 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. Special qualifications - seeCV if any Education(1) board certification/significance4. 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, 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? If the doctor met with plaintiffs counsel, ask the following questions: Plaintiffs counsel is not representing you at this deposition, correct? Name - professional address >plaintiff's doctor? 1. If you do not win the case at the depositions, it is likely that you will meet the same fate at trial. (4,ro; So, you want clean, concise, and understandable clips to designate and play. 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. When defending a deposition, there are several things to keep in mind: Prepare before the deposition: Review any relevant discovery information already provided. (Who? A deposition is not a sprint to the finish. Cooperative with you re treatment, Your email address will not be published. The surgeon is also the treater who will give any future medical treatment testimony or opine to future surgeries. The preparation and effort expended in this deposition determines the defendant's assessment of the case. This is an adversarial process, in which the patient's attorney will attempt to demonstrate that the physician's negligence injured the patient. 0000001907 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. III. For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. ~Z#'tqkCIj.Qft&QR 9. Board Certified by The Florida Bar in Health Law, OSTEOPATHIC FAMILY MEDICINE RESIDENCY PROGRAM. Was anyone representing [product or client] present? deposition of pain management doctor. For example, on a letter, who has possible access to edit the copy? You were served with a subpoena asking you to bring a number of items to this deposition, werent you? What does your practice of (orthopedics) involve? 97. While these new methods may have been collectively saddled with a moniker that sounds like a title for a fifth grade science fair project, the Reptile theory is still being utilized today. 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. C. REFUSAL TO MEET 1. 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 Follow his instructions and do not be intimidated by the examining attorney. Medical training Specialties Member of Medical Societies Member of Hospital Staffs Boards Authorships J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp 98. Tips for defending a deposition. \a:b%?#>h'o=*s+a0xdhu9CFEXMtgoQ+,qkH +Ps3)Pc These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. 0000003806 00000 n 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 I want to bring the facts of this case back to the jury. xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " Bills for services to John Jones? M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 Invariably, the defense examiner will note a full range of motion, full measurements of strength, equal bilateral strength in all extremities, and negative test results in order to justify an opinion of no permanent injury or to otherwise minimize the Plaintiff's injuries. He can be reached at ddesantis@alderlaw.com. (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 . Over time, however, we have adapted. 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 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 19 0 R/Group<>/Tabs/S/StructParents 1>> 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. Direct-Examination of Dr. Jackson (Treating Doctor). When you are done, have the doctor clearly confirm what the list represents. INDEPENDENT MEDICAL EXAM (TREATING PHYSICIAN)-:99455 $1000 INDEPENDENT MEDICAL EXAMS (NONTREATING PHYSICIAN)-:99456 $1250 (LETTER 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. Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. Roughly 200. What are they? Why? Do you consider those to be reliable authorities for you to consult? 1. No. Now you know why. Nailing your deposition is tall order. 0000006588 00000 n 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? Daniel DeSantis is an attorney at Alderlaw, PC in Los Angeles, where he primarily practices personal-injury law. The retained expert can come across as a hired gun. 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. The first time you saw the documents were before today where you are being recorded and have been sworn in under oath? Life expectancy impacted? Are there other conditions (other than the one you diagnosed) that may cause John Joness symptoms? I'm always surprised by lawyers who do not take advantage of the opportunity to meet with the doctor before the deposition. endobj 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. 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. (If the operative report is good for you, why not admit into evidence!). Q. And then on top of those two things, that is when you look at an MRI to correlate all the findings together? Significant entries:(1) surgery(2) pain medication(3) therapy, 1. 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. DIRECT - TREATING DOCTOR A.
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