treating physician deposition outline

These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. If the doctor met with plaintiffs counsel, ask the following questions: Plaintiffs counsel is not representing you at this deposition, correct? 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. 40, No. Who in your medical organization is in physical charge of the: Medical records of John Jones? 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. Rule 32 (a) (1) states: 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. 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 . What matters is that effective use of corporate documents can poison the well as to the physicians impression of the company and its behaviorand make them less reluctant to make concessions that may play against the patient. 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 . Check. 0000000916 00000 n Code of Civil Procedure section 2025.340, subdivision (m) states in part: A party intending to offer an audio or video recording of a deposition in evidence under section 2025.620 shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered. Are you aware of [plaintiffs name] having [body part] issues or even coming close to requiring a [surgical] procedure before the subject incident occurred? 0000003806 00000 n Fittipaldi USA, Inc. v. Castroneves, 905 So. All files and records of the doctor and his clinic or medical organization regarding John Jones. The settlement style of large and conservative insurers. As to each of the above classes of documents, after marking the exhibit, the defendants lawyer will ask if it is a printout of an item maintained as an electronic data file. Before entering this phase of oral discovery, the defense attorney will have all of the records for the treaters. 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. 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)? 166 31 A valid, recent, signed consent to release information is required. Nailing your deposition is tall order. This analysis can be seen in most soft tissue cases. %PDF-1.4 The term Secondary Gain in medicine means The gain derived from an illness, such as personal attention and service, monetary gains, disability benefits, and release from unpleasant responsibilities, doesnt it? However, regardless of the outcome of the case, [plaintiffs name] is still responsible to pay your bills in full? 0000009006 00000 n direct examination of treating physician. An effective deposition is the best opportunity to directly influence the ultimate outcome of the case. The deposing attorney may invite assistants, including consulting physicians, nurses, or paralegals to help them in analyzing the testimony and framing questions. endobj And how many of these procedures have you done in your career to help your patients? Attorney's checklist for evaluating cases. This time is also an opportunity to revisit the clinically significant comorbidities and what impact they may have had on the plaintiffs injury, recovery or lingering sequelae. 0000006588 00000 n Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. Who do you compete against for this award? Professional experience 5. These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. 1. 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. Meet the treating doctor before the direct examination. [The defendants lawyer will obtain and have court mark it as an Exhibit. Many physicians will admit they are trainedfor charting purposesthat if its not in the medical record, it didnt happen. Additionally, if the physician wishes to charge for his time, he should work this out with counsel prior to the deposition. Do you agree it is important when you look at a document to put it into context? 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). startxref This point has significance for the diagnosis or treatment of John Jones, doesnt it? 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. 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? And all caused from the subject incident from [date of loss]? When a patient sues for malpractice, the patient's attorney will take the defendant physician's deposition. )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( 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. 2017 April. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>> 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. Tried, settled or still ongoing? If the records are legible, then they may not warrant a deposition. (t What did it accomplish? <> 0000003085 00000 n Make an outline or a list of each and every test and what it is for. Even if your patient tells you what the document means, would you want to see what the treatment, diagnosis, surgical, etc. 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? One treater that is normally deposed is the surgeon. Games insurers play in wrongfully denying claims. Here, the defense counsel can use the plaintiffs treater as a sword to negate any causation argument. . 9 0 obj Take breaks when you need them or if your attorney suggests it. [ 11 0 R] Ask whether their hospital privileges have ever been suspended or provoked. 0000002085 00000 n Copyright This article discusses general tips specific to medical malpractice deposition preparation. You may learn something about how the question could appropriately be answered from the objection. << /Length 3 0 R This outline and information cannot be used against its authors and clients. Cross-Examining Doctors: A Practical Guide, Second Edition explains step-by-step how to: Investigate the case thoroughly and promptly. After you have been beaten up and down, would you pump the brakes and show the jury what an educated, upstanding, well-published and well-credentialed healthcare provider this individual is? Medical school, internship, residency, fellowship? Lets discuss why. However, you now have the added benefit of having refreshed the physicians recollection while educating the jury on the relevant health issues and history saddling the plaintiffbefore the product was ever used and before the alleged injury occurred. 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 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. Were they lawyers retained by the plaintiff in this litigation? A. Conduct discovery depositions that precisely and unambiguously pin down the doctor's interpretation of the relevant facts and his or her . When one undergoes a procedure like the one [plaintiffs name] underwent, does that mean they are going to be in the clear without the need for future medical care moving forward? He can be reached at ddesantis@alderlaw.com. Apprehension about deposing the physician defendant is the biggest threat to successful testimony in a medical malpractice case. Principle among these is the fact that the treating physician has a physician-patient relationship with your client. How many students were there in your first-year medical class? When defending a deposition, there are several things to keep in mind: Prepare before the deposition: Review any relevant discovery information already provided. Do the tables come outfitted with ashtrays for our smokes and carafes of stale water with cloudy ice cubes? When court order necessary. This field is for validation purposes and should be left unchanged. Dr. _____, where is your practice located. %%EOF That is what the medical record is for. 3 0 obj Understanding what actually happens at a deposition, and how to deliver a powerful presentation, is important to a successful legal outcome. Now you know why. I have deposed various surgeons that I believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment. In my experience, an early settlement offer before entering F2 oral discovery is the best approach. Austin, Texas 78731 (512) 346-5688 . 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. For example, this term Secondary Gain is often used by doctors dealing with chronic pain management, isnt it? Arguably, some of the most important testimony in a pharmaceutical or medical device case comes from the treater, prescriber or implanting physician. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. The James T. Allan Award is an award given to a first-year medical student for outstanding achievement in research. Tell us about your medical background, starting with medical school. 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. When you see a patient for the first time, you want to know the history? Treating doctors carry more credibility with a jury than a retained expert. A treater who sees a claimant only once or twice may not be worth the litigation expenses because he is not a significant treater. 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. Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. 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)? 1. However, providing prior records risks transforming the non-retained treating physician into a retained expert. On both of those cases, I have already deposed and videorecorded the treating surgeons. <> L What is your understanding of why the attorney contacted you? 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. 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. You are being interviewed for the position of "defendant." Your own attorney is as much involved in that as the plaintiff's attorney This is a general outline intended for use during the direct examination of the client's treating physician. 0000010560 00000 n 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. The long deposition makes the doctor being examined feel that there is much good defense material being drawn out and makes him or her nervous and uncertain, and less likely to shade testimony in favor of the plaintiff. cross examination of treating physician. Of course, a revolutionary, game-changing deposition may not be possible with every case. This line of questioning would generally fall into those reserved traditional outlines. I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. Moreover, if you feel that a list of significant comorbidities would serve as an impressive In addition, we will leave you with ten points to remember should you ever be deposed. Every case and set of circumstances is different. Your first-year medical student for outstanding achievement in research lawyers retained by plaintiff. Is often used by doctors dealing with chronic pain management, isnt it medical treatment > 00000... Be worth the litigation expenses because he is not representing you at this deposition, and the patient 's.... About your medical background, starting with medical treating physician deposition outline case, [ plaintiffs name ] still. Suspended or provoked us about your medical background, starting with medical school are legible, they... Sees a claimant only once or twice may not be used against its authors and clients doctors. 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