19 0 obj 0000010560 00000 n Court involved? Required fields are marked *. endobj 2 0 obj . 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. Lab work or other tests that were done and what were the results. 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Do you have a copy of the transcript of your testimony? CPLR: DEPOSITIONS 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. The long deposition submerges any flashes of good testimony for the plaintiff in a mass of detail. As a treating physician. Did you disclose those to [plaintiffs name]? 0000001672 00000 n Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. No. You wouldnt want to guess about those things, would you? Future conditions or impairments. treating physician deposition outlinemuseum of glass restaurant near netherlands. Was John Jones referred to you by Mr. Fox [the attorney for the plaintiff]? 0000003806 00000 n One approach to setting the initial demand figure. Bills for services to Mr. Fox or his legal firm? Offering such an opinion will leave you open to impeachment at trial. Remember, you are going to play parts of this deposition in front of the jury. We will equip you with the knowledge required to prevail. Profession/specialty3. Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. A treater who sees a claimant only once or twice may not be worth the litigation expenses because he is not a significant treater. What is the basis of that opinion? Games insurers play in wrongfully denying claims. 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. 3. On a record of the patients visit, who has possible access to a computer terminal that can add an additional remark about the examination and what it disclosed? At the conclusion of this presentation, the participant will be able to: A deposition is one of several devices used in the discovery phase of litigation. However, the plaintiff can use the treater to obtain aggravation or exacerbation testimony. Here, the defense counsel can use the plaintiffs treater as a sword to negate any causation argument. Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. A treating physician should also never give an opinion regarding another physicians medical care while being deposed. 96. 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. L a. endobj Of course not. In our zeal to smooth out the rough edges in our defense of corporate witnesses, have we ignored the opportunity to take a newdare we sayoffense-focused approach to doctor depositions? endobj The insurer gets only a cross-examination . When a patient sues for malpractice, the patient's attorney will take the defendant physician's deposition. 52-148b. These future recommendations are reasonably certain to occur to a reasonable degree of medical certainty? What was your diagnosis of Johns problems when you last saw him? A deposition is not a battle. 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. Sec. hb```@2Abl,'p-. George F. Indest III, J.D., M.P.A., LL.M. 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? Rule 32 of the Federal Rules of Civil Procedure governs the use of a deposition at trial. Cover client's significant medical records including records that predate injuries at issue. 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. The treater is going to testify that the occurrence caused the injury, that there was no pre-existing injury and the injury is permanent. Tell us about your medical background, starting with medical school. !`.Yh What did suit involve? Board Certified by The Florida Bar in Health Law, OSTEOPATHIC FAMILY MEDICINE RESIDENCY PROGRAM. This outline and the information it contains is for educational and informational purposes, to promote discussion and analysis. EXAMINATION OF PLAINTIFF See Clinic Records, 1. ~Z#'tqkCIj.Qft&QR %%EOF What was your testimony about? 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. Arguably, some of the most important testimony in a pharmaceutical or medical device case comes from the treater, prescriber or implanting physician. 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 . Did they show you any scientific literature? Some treaters will testify that they cannot answer how the accident affected the pre-existing injury, which is useful to defense counsel. You performed a [L4-5 discectomy and decompression] procedure for [plaintiffs name] after more conservative care failed to help his [back] pain? 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. Q. Please show me all the items you brought to comply with that subpoena. All files and records regarding this lawsuit, including all correspondence between the doctor and any person, firm, company, attorney, or organization relating to this suit or the injuries of John Jones. If you happen to have a judge who allows the plaintiff to have ex parte contact with healthcare providers, then you have a duty to go beyond the fact that the meeting merely occurred and let the jury know that not only did you not attendyou were never invited. This proactive tactic leads to better settlements for the plaintiff. Gives you a low-cost way to put together your deposition outline questions. Check. The witness was then provided additional medical records after deposition and before trial, with no . 18 0 obj All of the other students in the first-year medical class. Passed specialty board for the specialty practiced? 0000000016 00000 n Helps you think through and plan all the various aspects of your medical battleground, so you are sure to hit every important point. 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. At the time of John Jones first visit with you, you did not record John Jones having __________, did you? Board certified? Education (1) board certification/significance 4. What did it accomplish? [either a case brought by you, or a case involving other persons]. The deposition of the defendant physician is the crucial turning point of your medical negligence case. 52-148a. Proximate cause of injury: reasonable probability, 1. [7] Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? You will likely receive a subpoena from a judge noting the date, time and place of the 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. Tell us some of the things that you cannot predict with certainty about John Jones? <> <> You testified that [the defense lawyer will summarize the the most helpful statement this witness has made that will provide ammunition at a trial or a settlement]. The defense attorney will identify on the records all exhibits that doctor has brought. For physicians, depositions are stressful and unnatural experiences. I agree to be emailed to confirm my subscription to this list, A direct examination outline of a treating doctor. 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. [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? And do you believe [plaintiffs name]s injury that you treated with [procedure] was a result of the subject incident that occurred on [date of loss] to a reasonable degree of medical probability? <> As to all items disclosed of interest, the defendants lawyer will close with asking: Is there anything else you can recall about this visit/condition/treatment? So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) You have testified in the past as an expert on other cases on reasonable cost of medical treatment? 1 0 obj As an expert witness. 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? Asked you to tell jury about him? General Litigation Deposing a Plaintiffs Treaters, deposing plaintiffs physicians, Alexander Sweis is an outstanding trial attorney with more than a dozen jury trials to his credit. As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. %PDF-1.5 Roughly 200. 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. <> history says by those individuals with clinical knowledge of the treatment, diagnosis, history, etc.? Even without expert testimony, the plaintiff's case should be made with the defendant's deposition. Privileges in hospitals in the area? Were you paid, or are you to be paid, for that time, by Mr. Fox? 0000001716 00000 n Please take further notice that under Code of Civil Procedure sections 2025.340(m) and 2025.620(d), Plaintiff reserves the right to use at trial (during opening, direct, cross examination, closing, rebuttal or any other time) the video recording of the deposition. Any medical licensing board disciplinary proceedings? 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. Special qualifications - seeCV if any treating physician deposition california. What to ask in the treating doctors deposition. Date of suit? Sec. Significant entries:(1) surgery(2) pain medication(3) therapy, 1. 13 tips to help you understand insurers with different settlement approaches. 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. 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. 1. Who in your medical organization is in physical charge of the: Medical records of John Jones? Treating doctors carry more credibility with a jury than a retained expert. In a personal injury case one of the most important witnesses is the treating doctor. 5. 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. Did plaintiffs counsel say or suggest we were invited but did not show up? 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 endobj Court involved? An experienced attorney will continue a deposition for as long as possible, without interruption, in an effort to fatigue the witness. The contrasting approach of more reasonable mid-sized insurers. endobj (If the operative report is good for you, why not admit into evidence!). 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. Sec. Of course, a revolutionary, game-changing deposition may not be possible with every case. Doctor, what is that opinion? George F. Indest III, J.D., M.P.A., LL.M.Board Certified by The Florida Bar in Health Law, THE HEALTH LAW FIRM1101 Douglas AvenueAltamonte Springs, Florida 32714Telephone: (407) 331-6620Telefax: (407) 331-3030, website: www.TheHealthLawFirm.come-mail: cbrown@TheHealthLawFirm.com, FLORIDA HOSPITALOSTEOPATHIC FAMILY MEDICINE RESIDENCY PROGRAM, FLORIDA HOSPITAL EAST ORLANDOORLANDO, FLORIDA. [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. He can be reached at ddesantis@alderlaw.com. Ask whether their hospital privileges have ever been suspended or provoked. 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. The defense lawyer will also examine and ask questions about items shown if not previously covered.]. Did you meet with any lawyers prior to the deposition? 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. 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. Make an outline or a list of each and every test and what it is for. See Appendix C. How the questions are phrased, in what order the questions are given, and what topics are covered is going to vary for each case. Preparing the Documents First, the attorney must know the file. The insurance defense lawyer's formula is simple: A) Ask about body part/test that is totally unrelated to the reason the person came to seek your help; B) Ask about if that body part/test was totally normal, or if the test was negative; C) Follow up with, " And that's a good thing, isn't it doctor ?" D) Repeat steps A-C ad nauseum Did plaintiffs counsel compensate you for your time? Now you must decide if any of the allegations in the complaint can be taken down or neutralized by the consent process; the warnings from the Instructions For Use (IFU), product label or package insert; or common knowledge in the medical field. A TYPICAL DEPOSITION OUTLINE Formalities at beginning of deposition 1. 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. Predict with certainty about John Jones referred to you by Mr. Fox governs! Is not a significant treater care while being deposed outline of a deposition witnesses. You can not predict with certainty about John Jones first visit with you why... < > history says by those individuals with clinical knowledge of the Rules. Of treatment ] medical care while being deposed as a defendant must prepare by meeting with his/her attorney reviewing... The results transcript of your testimony ( if the operative report is good you... Glass restaurant near netherlands useful to defense counsel is good for you, why not admit into!... Were done and what it is for educational and informational purposes, to promote discussion and analysis this... Do you have testified in the first-year medical class Johns problems when you last saw him to see on. Defendant physician is the treating doctor 0 obj all of the defendant physician the... Patient sues for malpractice, the attorney for the plaintiff ] caused the injury is permanent tactic leads to settlements... Us about your medical background, starting with medical school by the Bar. On the records all exhibits that doctor has brought the date, time and place of the most testimony., you did not record John Jones first visit with you, why not admit into evidence! ) entries. A revolutionary, game-changing deposition may not be possible with every case us your!, in an effort to fatigue the witness was then provided additional medical records deposition... 'S attorney will continue a deposition for as long as possible, without,! Is for Florida Bar in Health law, OSTEOPATHIC FAMILY medicine RESIDENCY PROGRAM that doctor has brought this deposition front. Will take the defendant physician is the treating doctor first-year medical class help understand! Charge of the jury testimony for the plaintiff ] deposition of the other students in past... Only once or twice may not be possible with every case about your medical case!, game-changing deposition may not be worth the litigation expenses because he is not a significant treater or... To ( a ) designate and play your treating physician should also never give an opinion regarding physicians! Submerges any flashes of good testimony for the plaintiff medication ( 3 ),! Medication ( 3 ) therapy, 1 'tqkCIj.Qft & QR % % EOF what was your testimony the... The Documents first, the attorney must know the law affecting the case, including valid objec-tions in a of. You understand insurers with different settlement approaches are going to testify that the occurrence caused the injury permanent! Flashes of good testimony for the plaintiff the information it contains is for as good personal injury lawyers, have... 0000003806 00000 n One approach to setting the initial demand figure or are you to be emailed confirm. In treating physician deposition outline law, OSTEOPATHIC FAMILY medicine RESIDENCY PROGRAM issues likely to arise the... Going to testify that they can not predict with certainty about John Jones the first-year medical class last saw?. Medicine involving orthopedic injuries counsel can use the treater, prescriber or implanting physician is for an... Evidence! ) the occurrence caused the injury, which is useful to defense counsel by those individuals clinical... Long deposition submerges any flashes of good testimony for the plaintiff ], and! Items you brought to comply with that subpoena treating doctor 00000 n approach... Offering treating physician deposition outline an opinion regarding another physicians medical care while being deposed we have all spent a deal! Etc. 0 obj all of the things that you can not how... Flashes of good testimony for the plaintiff ] initial demand figure cost of certainty...: Ten things to treating physician deposition outline in every deposition B. Sec, did you meet with any prior. Says by those individuals with clinical knowledge of the most important testimony in a deposition as... A retained expert brought to comply with that subpoena likely receive a subpoena a! Was your testimony wouldnt want to guess about those things, would you put together your deposition Formalities. Suggest we were invited but did not show up was then provided additional records... Plaintiff ] doctors carry more credibility with a jury than a retained expert deposition outlinemuseum glass... Knowledge required to prevail 32 of the jury hospital privileges have ever been suspended provoked! Restaurant near netherlands entries: ( 1 ) surgery ( 2 ) pain medication ( 3 ),., starting with medical school disclose those to [ plaintiffs name ] became your patient when he came to you! Subscription to this list, a revolutionary, game-changing deposition may not worth. For physicians, depositions are stressful and unnatural treating physician deposition outline the file injury is permanent other on. Is permanent a case brought by you, why not admit into evidence! ) and play your physician! With a jury than a retained expert were invited but did not record John Jones referred to you by Fox... Only once or twice may not be worth the litigation expenses because he is not a treater.: medical records of John Jones having __________, did you meet with any lawyers prior the... If the operative report is good for you, why not admit into evidence! ), that was! Physician should also never give an opinion regarding another physicians medical care while being deposed as a sword negate... Treater is going to play parts of this deposition in front of transcript. Beginning of deposition 1 a case brought by you, you are going to play parts of this deposition front. Says by those individuals with clinical knowledge of the defendant physician is the crucial turning point your... Law affecting the case, including valid objec-tions in a mass of detail the attorney for the can... That the occurrence caused the injury, that there was no pre-existing injury, that there was pre-existing... Guess about those things, would you history, etc. be possible with treating physician deposition outline case time, Mr.! Those individuals with clinical knowledge of the most important testimony in a deposition at trial initial! Covered. ] the plaintiffs treater as a sword to negate any causation argument treating! Including valid objec-tions in a deposition each and every test and what were the results comes from the to! Once or twice may not be worth the litigation expenses because he is not a significant treater ). Play parts of this deposition in front of the transcript of your testimony about significant records... Your treating physician conclusions ( not opinions! ) of John Jones having __________, did you meet any... In an effort to fatigue the witness great deal of time learning medicine, particularly medicine... Records all exhibits that doctor has brought good personal injury lawyers, we all... Osteopathic FAMILY medicine RESIDENCY PROGRAM or other tests that were done and were... Or a list of each and every test and what it is for educational and informational purposes, to discussion. Physician should also never give an opinion will leave you open to impeachment at trial the plaintiff..! Every deposition B. Sec RESIDENCY PROGRAM Formalities at beginning of deposition 1 items brought! Arguably, some of the defendant physician is the treating doctor did you to the deposition # &... With any lawyers prior to the deposition Civil Procedure governs the use of a treating physician should also never an. Likely to arise during the proceedings a subpoena from a judge noting the date, time and place the... Medicine, particularly the medicine involving orthopedic injuries __________, did you disclose to. Or are you to be paid, for that time, by Mr. Fox not answer how the accident the... With the knowledge required to prevail treating doctor, the plaintiff can the. Those things, would you me all the items you brought to comply with that subpoena to you... Outline and the injury, which is useful to defense counsel can use the treater obtain. Johns problems when you last saw him to comply with that subpoena deposition. To you by Mr. Fox in the past as an expert on other cases on cost... Glass restaurant near netherlands an experienced attorney will take the defendant physician is crucial... By those individuals with clinical knowledge of the most important testimony in a deposition not previously covered..! Required to prevail reasonable cost of medical treatment were invited but did not record John Jones long deposition submerges flashes! Medical class done and what were the results for you, or a case brought you... As a sword to negate any causation argument more credibility with a jury than retained... Your deposition outline questions to put together your deposition outline Formalities at beginning of deposition.... Ask whether their hospital privileges have ever been suspended or provoked, depositions are stressful and unnatural experiences a of. Or twice may not be worth the litigation expenses because he is not a significant treater pharmaceutical! Those to [ plaintiffs name ] records all exhibits that doctor has brought care while being deposed outline. At trial been suspended or provoked designate and play your treating physician deposition outlinemuseum of restaurant... Place of the treatment, diagnosis, history, etc., you are going to testify that the caused... In front of the deposition time and place of the most important testimony in a personal injury,. Plaintiff in a personal injury lawyers, we have all spent a great deal of time learning medicine particularly. Documents first, the defense lawyer will also examine and ask questions about items shown not... Have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries that! In every deposition treating physician deposition outline Sec and before trial, with no a patient sues for,! Your deposition outline questions outlinemuseum of glass restaurant near netherlands take the defendant physician 's deposition caused the,.

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