treating physician deposition outlineauggie dog for sale
9 0 obj So, you want clean, concise, and understandable clips to designate and play. Did you ask for payment, or did Mr. Fox tell you he would pay you? The Secondary Gain may be something a person holds onto either consciously or unconsciously, isnt that true? Are you a social friend or business friend of Mr. Fox? 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. For each examination I revise them to fit the particular situation involved. Taking of depositions. The defense attorney will identify on the records all exhibits that doctor has brought. 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. Passed specialty board for the specialty practiced? Conclusions reached: x rays, medical illustrations etc, 1. Q. Both sides now approach the corporate deposition with a newfound appreciation of what is at stakeand the best attorneys plan accordingly. stream Here is a most basic direct examination outline for a treating doctor.DIRECT TREATING DOCTOR. Failure of John Jones to follow directions of doctors could have affected his present condition, couldnt it? 12 0 obj 3t@,PT.T++U;8"hPK~cTC4. Always ask whether the doctor has given testimony before. Medical school, internship, residency, fellowship? 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. Was anything observed that was not recorded? As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. Treaters are rarely happy deponents. They know what future treatment they recommend and why. Please show me all the items you brought to comply with that subpoena. Unfortunately, a deposition is an event that many, if not most, physicians will experience at least once in their career. 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? Sec. 8 Id. Date of suit? Did the deponent bring an electronic copy of the file also? This needs to be done before the defense deposition. 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 Some treaters will testify that they cannot answer how the accident affected the pre-existing injury, which is useful to defense counsel. What else did you review in preparation for this deposition? But if someone that has non-symptomatic degeneration in their back or neck, is involved in a traumatic incident, that can light up the degeneration and make it painful? 52-148b. 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. Every case and set of circumstances is different. It is important that medical records should show significant items of the patients complaints and conditions and should show the doctors examination, diagnosis, and treatment, isnt it? 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. If witness has not brought any item: 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. So, in your deposition notice, state: Please take notice that the deposing party intends to cause the proceedings to be recorded stenographically, through the instant visual display of testimony and by videotape. I have also been surprised by a surgeon that would not give causation testimony and would testify that no future surgeries would be warranted. 13 0 obj The first five are bitesize. What was your testimony about? As to each publication: is there anything in it that bears on the treatment of John Jones? 52-148e. Id like to stipulate to the admission of the surgical report for all purposes including trial? One approach to setting the initial demand figure. Should we, as practitioners of one of the other learned professions, likewise move out of our comfort zones and embrace changing practices, thoughts or ideas? Have you had any discussions with plaintiffs counsel about being compensated for your time meeting with them or reviewing documents? 96. I was not invited to this talk between you and Mr. Fox, was I? In addition, we will leave you with ten points to remember should you ever be deposed. % Clients of McKenna Storer appreciate the hard work, precision and thorough preparation that he brings to every matter that he handles. Board of Medical Specialties (www.abms.org) and determine whether the opposing expert has been board certified in her claimed specialty. 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)? These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. Did they show you any internal company documents? 196 0 obj <>stream 0000005790 00000 n Does the doctor have any personal, first hand knowledge, that the electronic record was not changed in any way since D/A. 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? Special qualifications - seeCV if any endobj <> After all, innovation in your questioning could very well be the sine qua non of your success. Asked you to tell jury about him? Bills for services to Mr. Fox or his legal firm? A deposition is the questioning of a witness under oath outside of a courtroom. Were you paid, or are you to be paid, for that time, by Mr. Fox? 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. Since medical malpractice depositions are an essential part of discovery, your attendance is mandatory. 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. 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. 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. If the doctor met with plaintiffs counsel, ask the following questions: Plaintiffs counsel is not representing you at this deposition, correct? 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. Austin, Texas 78731 (512) 346-5688 . 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. Was John your patient or of your clinic/medical organization before D/A? Is deposing a plaintiffs treating physicians worth it for the defense attorney? 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. Bills for services to John Jones? cross examination of treating physician. Do you consider those reliable authorities?. Maryland Personal Injury Lawyers. What is the basis of that opinion? You wouldnt want to guess about those things, would you? This requires that they engage in continuous self-examination to ensure that their testimony represents the facts of the case. 11 ways insurers stonewall personal injury claimants. 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. This analysis can be seen in most soft tissue cases. When the plaintiffs lawyer showed you those documents: They did not invite any of the authors of the documents to attend? Were they lawyers retained by the plaintiff in this litigation? 40, No. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). So even if the person isnt consciously increasing their pain, the end of a lawsuit may be a source of relief of tension and pain? Insurance carriers are becoming more unreasonable. Names of attorneys? 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. Would you have liked to have known about it before you gave your opinions in this case? I have deposed various surgeons that I believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment. Are there any documents that you had or saw in that conference that are not here with you now? It is one more way to indirectly and tangibly bring the doctor back into the courtroom months down the road. 0000047880 00000 n A deposition is not a sprint to the finish. We will equip you with the knowledge required to prevail. <> b. 0000000016 00000 n The preparation and effort expended in this deposition determines the defendant's assessment of the case. Proximate cause of injury: reasonable probability, 1. 166 0 obj <> endobj Hq'&F&' A treating physician should also never give an opinion regarding another physicians medical care while being deposed. trailer endstream endobj startxref Principle among these is the fact that the treating physician has a physician-patient relationship with your client. 0000009060 00000 n When was the first time you or anyone in your clinic/medical organization saw John Jones? It may also be tape-recorded or video taped. One treater that is normally deposed is the surgeon. Education(1) board certification/significance4. <> Future treatment required? Since the publication of Reptile: The 2009 Manual of the Plaintiffs Revolution some 10 years ago, we have seen an evolution of tactics and styles in the way depositions of company witnesses have been taken in personal injury litigation. We would all agree that such a result est bonum. Keeping track of special damages and expenses. endstream If the records do not reflect a causal link, then the physicians opinion as to your product or device should be consistent. In Practice, Physicians Focus on Treating the Condition In the course of typical treatment, physicians focus on treating the condition as it presents, and rarely take the time and effort to complete the steps required by Daubert to conduct a differential diagnosis. By now, before any substantive shots have been fired, you will have established that the corporate documents were not only shown out of context but also that they have nothing to do with the plaintiffwhich is why the doctor is here. Deposition Location - It Matters To begin, the original deposition notice must include location time and place, according to Federal Rule of Procedure 30 (b) (1). Life expectancy impacted? <> 691 0 obj <> endobj Did they discuss with you any studies that have been conducted on [product]? A valid, recent, signed consent to release information is required. 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. A better, more reasoned approach would be to make the call regarding qualification at the end of the deposition. 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. If the facts warrant, you should use this moment to detail the plaintiffs relevant preexisting clinical conditionsand put them front and center before the jury and the doctor. In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. Conduct discovery depositions that precisely and unambiguously pin down the doctor's interpretation of the relevant facts and his or her . Individual websites for medical specialties often 5 Betsey Herd and Janabeth Evans, "Preparing for the Defense Medical Expert's Deposition", Trial, Vol. 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. b. Depositions of key witnesses; c. Clinic records; Reviewed medical literature generally about this situation? Sec. If a party is fully aware that the treating physician's role could be that of an expert, they are on . <> So what about us defense lawyers? 0000001672 00000 n 19 0 obj 0 George F. Indest III, J.D., M.P.A., LL.M. 0000002676 00000 n Is that correct? In the present study, an . Doctor, your treatment for [plaintiffs name] is on what we call a lien basis? DIRECT - TREATING DOCTOR A. Learn the Medicine. 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. 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. An expert witness's deposition is almost always taken. 3V|DoIhW>iNXp2_{O \=I7C}_F`"1w:88fY) fy)$DSH 3O!/3M! Sec. 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. 2. Deposing a plaintiffs treaters should be on a case by case basis. [The defense lawyer will obtain and mark as Exhibit. In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? First, it shows that the documents were shown in a vacuum, without regard to context or content. hbbd``b`$[AO And then mark them as separate exhibits. A physician being deposed as a defendant must prepare by meeting with his/her attorney and reviewing the issues likely to arise during the proceedings. What conclusions, opinions did you reach and what do you intend to testify to at trial? 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. If the records are legible, then they may not warrant a deposition. (If the operative report is good for you, why not admit into evidence!). But before I do, just so there is no confusion: Before your deposition in this case, you never even saw any of those documents? Also, during a break in the deposition, do not speak with anyone other than your own counsel. 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. 4 0 obj The defendants lawyer will check to be sure that the doctor brought. Have you referred to any articles or texts in reviewing this case or in preparing your opinions or to testify in this case? Did you try to separate out how much of John Jones condition might be due to his own failure to follow medical directions? 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. I use them as a reminder list to be sure I cover each point I need to cover. See 28 U.S.C . 8 0 obj How long did you spend reviewing those additional items in preparation for this deposition? 0000064012 00000 n treating physician deposition fee schedule. At the end of the first examination, did you make a diagnosis? 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. Doctor-Patient: Information shared between a patient and their treating physician cannot be used against the patient in legal proceedings. Generally the defense gains an advantage in the deposition of a plaintiff's treating doctor by making the examination, long, detailed, and boring. 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? endobj 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. Games insurers play in wrongfully denying claims. <> So why do it at the beginningbefore you know what they are going to say? 0000003549 00000 n 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? The James T. Allan Award is an award given to a first-year medical student for outstanding achievement in research. New Jersey Personal Injury Attorneys | Serving Monmouth County, Ocean County, and Middlesex County. 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 Do you have a Curriculum Vitae, (or C.V. or an outline form of your education, professional history, accolades, interests, and other relevant information to your medical treatment of John Jones)? Mechanical Aids Special Studies (electronic studies, lab tests, x-rays)? Is degeneration the normal aging process in the spine that we all go through? 17 0 obj Would your opinion change if you knew that ___________? 6 Id. direct examination of treating physician. Read his full bio here: Alexander Sweis Full Bio, defense attorney will have all of the records, settlement and to save on the litigation costs. What did it accomplish? <> Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. 0000009006 00000 n If they are numerous, authenticate and mark each individual medical record that identifies a history of infarctions, diabetes, smoking, noncompliance, etc. This proactive tactic leads to better settlements for the plaintiff. We met for the first time today when I introduced myself to you in advance of this deposition, correct? 7 Id. Understand the purpose and format of a typical physician's deposition; Recognize many of the tricks and tactics attorneys will use in an effort to trap the physician or extract testimony; Understand how best to prepare for a pending deposition in order to provide the best possible defensive testimony; and. Treating physicians are considered fact witnesses (as opposed to expert witnesses) because they are testifying to the facts and circumstances surrounding their own treatment of the plaintiff. How long have you been practicing medicine. What is your understanding of why the attorney contacted you? Always request to review the transcript! On both of those cases, I have already deposed and videorecorded the treating surgeons. Q. Ask the court reporter if s/he is ready. 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. 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. I want to bring the facts of this case back to the jury. What are they? 2017 April. Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. Some records contain statements about pre-existing physical conditions or reference chronic symptoms. The tired practice of following an outline loosely based on Introduction, Credentials, Records Review, Opinion and Thank You for Your Time, Doctor is over. 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. 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? Provides you with a time-tested order of questions for best results in most depositions. Average plaintiff's counsel leave the doctor's direct testimony, in its most powerful form, unknown to the defense insurer. 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? Did they ask you to appear at a future trial of this case? Findings; D. ROLE IN CASE. Case factors which suggest plaintiff fraud. Be confident. 0000036741 00000 n The defense lawyer will identify it with great particularity; and ask why it was not brought; and ask that it be produced immediately. Why? 0000005060 00000 n My fee if I am called to testify is $3000/day. The witness was then provided additional medical records after deposition and before trial, with no . endobj 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. Of course not. 1. C. REFUSAL TO MEET 1. Who has possible access to computer terminals that can enter or change data in the file? What physical examination was made and what were the findings? Was the treatment you gave John Jones successful? o Remember comp cases are all different o What is the doctor [s . Moreover, if you feel that a list of significant comorbidities would serve as an impressive D/A refers to the actual date of the accident, e.g., January 12, 2010. They want to treat. Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. 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. endobj Just like the treating physicians, product manufacturers have a bench of experts with front-line, ground-level involvement with the product who, by the nature of their positions, have spent years developing first-hand, fact-based opinions about the product's safety. Do the tables come outfitted with ashtrays for our smokes and carafes of stale water with cloudy ice cubes? Please tell us what physical examination was made on this first visit, and what it disclosed? Education (1) board certification/significance 4. Dan Christensen . The defense offered to pay $40, the statutory "fact witness rate." . What did you have to do in the . thorough outline of topics typically addressed when deposing a medical expert in a car wreck case. The surgeons testimony will be crucial to a plaintiffs claim for causation and damages. Does Mr. Fox or his office refer patients to your office? Testify by deposition or trial in the suit? 1. K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! 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? For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. 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. Discuss [] In a personal injury case one of the most important witnesses is the treating doctor. The defendants lawyer will specifically ask if the following are present now in the room. A. In my experience, an early settlement offer before entering F2 oral discovery is the best approach. Kim Hart's Deposing and Examining Doctors gives you both. This is an adversarial process, in which the patient's attorney will attempt to demonstrate that the physician's negligence injured the patient. Who do you compete against for this award? Court involved? M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 1 0 obj A. Required fields are marked *. DIRECT EXAM OF TREATING DOCTOR . An effective deposition is the best opportunity to directly influence the ultimate outcome of the case. Now you know why. 52-148c. The purpose of going through this exercise is twofold. Apprehension about deposing the physician defendant is the biggest threat to successful testimony in a medical malpractice case. 0000030483 00000 n Remember, you are going to play parts of this deposition in front of the jury. 95. ?4bm9MQFc:=R%`h0QO1{W~}Cxw1# 4Dzu[Zd.6/|D`^m^ :7 deposition treating physician. 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. When you are done, have the doctor clearly confirm what the list represents. What they ask you to do? The long deposition submerges any flashes of good testimony for the plaintiff in a mass of detail. [either a case brought by you, or a case involving other persons]. In Dozier, a medical malpractice case, a treating physician testified at deposition that he could not opine as to standard of care. Significant entries:(1) surgery(2) pain medication(3) therapy, 1. 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. This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. For physicians, depositions are stressful and unnatural experiences. 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? 1. Are there other conditions (other than the one you diagnosed) that may cause John Joness symptoms? %%EOF As a defense lawyer, it is important that you are aware of conversations, meetings, teleconferences, communications, etc. In order to prevail in a medical malpractice case, the plaintiff must prove that the defendant health-care provider breached the prevailing standard of medical care.
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treating physician deposition outline