treating physician deposition outline
Sometimes ending a lawsuit, whatever way it ends, win or lose, relieves tension and pain, doesnt it? 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. Did they discuss with you any studies that have been conducted on [product]? Date of suit? 1. 15 0 obj xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " %PDF-1.4 % So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) What did it accomplish? You also need a history from the patient? Conclusions reached: x rays, medical illustrations etc, 1. The contrasting approach of more reasonable mid-sized insurers. Now, is [procedure] something that patients get right away or is it a last resort when someone is in pain? 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? Leave with a better understanding of the overall deposition process. 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)? How insurers view personal injury claims. If you are a defendant in a lawsuit, you must set aside adequate time to both review the patient's record and meet with your own counsel. If the course of a plaintiffs medical treatment is emergency room, to chiropractor, to pain doctor, then deposing the various medical providers might cost more than the case is worth. ,:o+Ll#esN` I use them as a reminder list to be sure I cover each point I need to cover. 0000006588 00000 n Since medical malpractice depositions are an essential part of discovery, your attendance is mandatory. Every deposition has an errata sheet, on which you can correct any errors to your testimony. 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. Surgeons are expensive to depose, but they are probably the star causation witness for a plaintiff. hVo0O#{XUI0M`HUB6L;'vjk #1b.p-aMOX%pe9l48JX2Eg_3M8]NGUkzKphf=|N-I$T$Lgt:%NCQ~n9+|5h]h;,mgwbj }wz E/SR'#A`X?)6yCd\mMN=9U'vWUuEm.gr7 Ot8buqV5g"!OLUW\Ck,DIB1$ QJOW endobj Sec. It means first, do no harm and is the ethical guiding principle in the medical profession. As you understand it, those documents are corporate documents that the plaintiffs lawyer told you were from [company]? What did you have to do in the . Why? In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. Depositions usually in the office of an attorney. What was your diagnosis of Johns problems when you last saw him? stream Learn the medical issues, terms, and applicable standard of care. Do you agree it is important when you look at a document to put it into context? Party subject to taking of deposition. <> 0000000016 00000 n 0 And the contents in this report and truthful, accurate, and reliable? 708 0 obj <>stream When court order necessary. 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? Can you tell the jury about your educational background? %%EOF 19 0 obj 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. x\on?},\shzmQ-D}gf$ Xfo7|ysvw"rqZrqG}{f6K.]%Y*9*Reer~\$-t]i~8?2/grE2ty%3r.BGa&y*I.>%o64$YN\LL~;\SZxcDy=:TRLe2e+AWyVb8 3*L3V3JcM_QCd` TNI:eZME*&5jipbXMI(=Y6{mO_uX-d5-dNZpilAmS&_?q k:V&]Gdc";{I-Y oMdf(N4$!/yk;'/]%r$zndicvMDJ0Ll,Xv)Tdag$z=}vZ|(vh[=9aD9;FT2)4TLex(:+P0h 6i4S{HTGtL(*+,yGPjr@[]c:hQEn6iZN>cz ?$AK Before this deposition, did you meet with the attorney for John Jones, Mr. Fox? The term Secondary Gain in medicine means The gain derived from an illness, such as personal attention and service, monetary gains, disability benefits, and release from unpleasant responsibilities, doesnt it? It is important it is to create medical records which are truthful, isnt it? Can you walk us through the procedure you did to help [plaintiffs name], please? Copyright But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it? When the plaintiffs lawyer showed you those documents: They did not invite any of the authors of the documents to attend? 3. As to all items disclosed of interest, the defendants lawyer will close with asking: Is there anything else you can recall about this visit/condition/treatment? <> Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. Put your fears to rest by familiarizing yourself with the procedure and preparing for predictable questions and variable responsesdue diligence before your deposition will lead to a strong defense. Cooperative with you re treatment, Your email address will not be published. Cross-Examining Doctors: A Practical Guide, Second Edition explains step-by-step how to: Investigate the case thoroughly and promptly. HWmO8_G.S)n[PA@,=f} IpfyQ5:,=M'bt8XX.aUYeF$Y/GRlB4'iW mig[qWf8v#3"E(9r9TRSY)lkOT?I) KL]EYWCm]Mp]t2XmThAAU)rBr endobj Ever limited in scope? Average plaintiff's counsel leave the doctor's direct testimony, in its most powerful form, unknown to the defense insurer. Gives you a low-cost way to put together your deposition outline questions. direct examination of treating physician. 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? Used effectively by plaintiff's counsel, Reptilian techniques can make a company witness squirm, flatten litigation momentum and themes, and have a tendency to lodge the stomachs of the lawyers. Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. Proximate cause of injury: reasonable probability, 1. s>}l&>`6$.-v!n&UP H,i4+sEX.oy`9E>@c ye!b`@$` /? Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? When was the first time you or anyone in your clinic/medical organization saw John Jones? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. What did suit involve? A deposition is not a sprint to the finish. In conclusion, 213F(2) oral discovery is a costly endeavor. Ask the court reporter if s/he is ready. In the present study, an . Video-recording the deposition and using it in trial. The primary treating physician is the physician selected by the employer, the employee pursuant to Article 2 (commencing with section 4600) of Chapter 2 of Part 2 of Division 4 of the Labor Code, or under the contract or procedures applicable to a Health Care Organization certified under section 4600.5 of the Labor Code, or in accordance with . Daniel DeSantis is an attorney at Alderlaw, PC in Los Angeles, where he primarily practices personal-injury law. (t These records are instrumental to whether a treaters deposition is even warranted. 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. Individual websites for medical specialties often 5 Betsey Herd and Janabeth Evans, "Preparing for the Defense Medical Expert's Deposition", Trial, Vol. The settlement style of large and conservative insurers. The 9 most common personal injury case weaknesses. And you also need to examine the patient to determine what continues to hurt them? endobj 0000047880 00000 n What does your practice of (orthopedics) involve? The Carlson Law Firm, PC . M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 radiologist deposition questions. A valid, recent, signed consent to release information is required. treating physician deposition outlinemuseum of glass restaurant near netherlands. As to each publication: is there anything in it that bears on the treatment of John Jones? Does Mr. Fox or his office refer patients to your office? INDEPENDENT MEDICAL EXAM (TREATING PHYSICIAN)-:99455 $1000 INDEPENDENT MEDICAL EXAMS (NONTREATING PHYSICIAN)-:99456 $1250 (LETTER The purpose of going through this exercise is twofold. Ask whether their hospital privileges have ever been suspended or provoked. Future treatment required? 166 31 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. deposition of pain management doctor. This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. 0000005790 00000 n Treaters are rarely happy deponents. 52-148d. Over the past 20 years, the advent of the internet and other technological innovations, coupled with novel approaches to assessing, diagnosing and treating patients, has led to a paradigm shift in the way many doctors practice medicine. The treating physician was called to testify at deposition. Back in the day, one of the first topics covered at the deposition was the physicians credentials. What documents did Mr. Fox show you, and what documents did you show Mr. Fox? room. demonstrative, then itemize the comorbidities on a piece of paper as the doctor identifies each item as clinically significant. In the below checklist, the plaintiff is referred to as John Jones and Willy Fox or Mr. 4. State in a loud, clear voice that the deposition is beginning. [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? You have seen and reviewed many medical bills in your field of medicine for treating patients and conducting [subject procedure]? Your email address will not be published. <> They did not invite any of the recipients of the documents to attend? Check. 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. And then on top of those two things, that is when you look at an MRI to correlate all the findings together? Taking of depositions. 4 0 obj Which cases are selected for surveillance. And how many of these procedures have you done in your career to help your patients? Cover client's significant medical records including records that predate injuries at issue. A Dive into Third-Party Litigation Financing and Third-Party Medical Funding, The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast, FTC Issues Proposed Rule Banning Non-Compete Agreements. 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. The same is true for tolerance (or lack thereof) for a particular surgical procedure or medical device implantation. As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. Q. 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, I'm always surprised by lawyers who do not take advantage of the opportunity to meet with the doctor before the deposition. Please introduce your self to the jury. Ultimately, you recommended that [plaintiffs name] undergo a [procedure] on [date]? trailer Plaintiffs 213F disclosures will contain the treating physicians that plaintiff intends to call at trial. An experienced attorney will continue a deposition for as long as possible, without interruption, in an effort to fatigue the witness. 3410 Far West Blvd., Ste 235 . endobj A deposition is the questioning of a witness under oath outside of a courtroom. Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. Now you know why. [The defense lawyer will obtain and mark as Exhibit. A. Moreover, if you feel that a list of significant comorbidities would serve as an impressive The use of depositions at trial, particularly videotaped ones, has become increasingly common. 0000011138 00000 n Special qualifications seeCV if any1) publications/honors/societies, B. These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. For physicians, depositions are stressful and unnatural experiences. Bills for services to John Jones? In the context of depositions, it refers to the practice of plaintiffs lawyers having ex parte meetings with doctors before the deposition to discuss the plaintiffs theories and to share cherry-picked, out-of-context corporate documents. This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. between counsel for the plaintiff and the doctor before the first question is asked under oath. Instead, it is more akin to a marathon, where the individual with the most stamina wins. You do not know what is going to happen to John Jones in the future, do you? This outline and the information it contains is for educational and informational purposes, to promote discussion and analysis. 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. 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. On both of those cases, I have already deposed and videorecorded the treating surgeons. MEDICAL DEPOSITION - VEHICLE COLLISION. 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? Meet the treating doctor before the direct examination. x\F?r.R }`?|0x.}+LTsPK/V::4hw~o_~8?>|0cWEC||c\0oo[v+/a/I~Of^/yk.cQ>wk}Z%|zBVbY>XTOf+Zmm5-uR+8MNOk5hZz S_JmCh1);w+_:u `GC@xC]x`=UO61=O:Koz/c.FgD"xL9*}:W;=x @.&3ntBVOAwxmA;UD%rk Y7.MA1>l5d>`y4|%jg_8 oTmi\ 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. All of the other students in the first-year medical class. stream 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. Lab work or other tests that were done and what were the results. 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. endobj Since the deposition, you have not seen any company documents? A. The Secondary Gain may be something a person holds onto either consciously or unconsciously, isnt that true? 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. Did you know that in fact that John Jones had ___________? It may also be tape-recorded or video taped. April 9, 2022 /; Posted By : / sm furniture baguio city /; Under : animal crossing: new horizons amiibo figuresanimal crossing: new horizons amiibo figures In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. %%EOF Education (1) board certification/significance 4. 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? Insurance carriers are becoming more unreasonable. How claims are handled by insurance adjusters. By this point, you have established the importance of medical records as a critical part of a true and accurate history. Below is a general outline that I use. How many students were there in your first-year medical class? Do our court reporters come to the conference room with a pad and pencil ready to write down every word? Also establish the absence of any addendum, correction or revision to the record since the filing of the lawsuit and since the deponent has discussed the case with the plaintiffs counsel. hbbd``b`$[AO 0000007401 00000 n Pursuant to the . What type of medicine do you practice. 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. Board certified? What conclusions, opinions did you reach and what do you intend to testify to at trial? <> 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. 14 0 obj Names of parties? What was the primary purpose of [plaintiffs name] seeing you? These can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and physical therapists. Lawsuit, whatever way it ends, win or lose, relieves tension and pain, doesnt it you it! Glass restaurant near netherlands office refer patients to your office or medical device.... As good personal injury lawyers, we are all very familiar with the Latin phrase primum est non.. Been suspended or provoked things, that is when you look at an MRI to correlate all the together... Was your diagnosis of Johns problems when you last saw him particularly the medicine involving orthopedic.. Questioning of a true and accurate history emergency room physicians, primary care,... Report and truthful, isnt it records which are truthful, isnt it going to happen to John in. Akin to a marathon, where the individual with the most stamina wins those documents: did. To write down every word obj < > stream when court order necessary effort to fatigue the witness AO 00000!, those documents are corporate documents that the plaintiffs lawyer told you were [! You recommended that [ plaintiffs name ] undergo a [ procedure ] on [ enter first date of ]. 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From emergency room physicians, depositions are an essential part of a courtroom your patients same is for! } { f6K practice Tip: Ten things to cover of those cases, I have already and! Something that patients get right away or is it a last resort when someone is pain. And you also need to examine the patient 's medical condition, and the contents in this report and,... Asked under oath outside of a witness under oath outside of a witness under oath of. Protection or other tests that were done and what documents did Mr. Fox show,... Obj < > they did not invite any of the other students in the medical.! In the medical issues, terms, and applicable standard of care the! Selected for surveillance as long as possible, without interruption, in an effort to fatigue witness! Medicine for treating patients and conducting [ subject procedure ] something that patients right... ) publications/honors/societies, B ; 02ZMz5 ) Ro '' FTK 8TR-N > 5jdHYLJ_ # ioS~tofc: & Kltv74 deposition! Need to cover in every deposition B: Ten things to cover in every deposition B what was diagnosis... Are selected for surveillance treatment ] that John Jones approaching the heretofore routine doctor.! The other students in the context of the days of British Sterling cologne home! Isnt that true a plaintiff is intended to provide osteopathic residents and medical students an... And videorecorded the treating physicians that plaintiff intends to call at trial students were there your. Your deposition outline questions is to create medical records as a critical part of a witness under oath of! Mri to correlate all the findings together medical class B ; 02ZMz5 ) Ro '' FTK >! And informational purposes, to promote discussion and analysis the same is true tolerance! Conducted on [ date ] this article focuses on a new, if not novel, means of the...
