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Who has possible access to computer terminals that can enter or change data in the file? An opposing attorney may attempt to involve the physician in socializing so as to lull him/her into a false sense of security. Here is a most basic direct examination outline for a treating doctor.DIRECT TREATING DOCTOR. A treater, like a retained expert, is compensated to attend deposition and trial, true. Of course, a revolutionary, game-changing deposition may not be possible with every case. Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? Now, is [procedure] something that patients get right away or is it a last resort when someone is in pain? Have you and Mr. Fox ever discussed this case on the phone or in person on other occasions? 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. %PDF-1.4
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deposition treating physician. Name - professional address >plaintiff's doctor? Do you know how many millions of documents [company] has produced in this case? This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. Did they discuss with you any internal company documents? What is the basis of that opinion? Names of parties? Is that a reasonable cost based on your training and experience to a reasonable degree of medical probability? Trust your lawyer to monitor your stamina and coherence. And then on top of those two things, that is when you look at an MRI to correlate all the findings together? The outline included is not meant to be a comprehensive outline of all possible 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 (Who? 7 Id. Know the doctor's file / report better than opposing counsel Do Internet research to understand the medical issues Know the law - "medically distinguishable" Call the doctor ahead of time if possible Show up in advance of deposition to discuss testimony Don't be afraid to cancel a deposition . In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. Are you a social friend or business friend of Mr. Fox? Despite these known and disclosed risks, [plaintiffs name] ultimately went forward with the [procedure] with you because he was in so much pain in his [body part]? 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 . As a defense lawyer, it is important that you are aware of conversations, meetings, teleconferences, communications, etc. I want to ask you about some defense opinions in this case, OK? 0000002676 00000 n
But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt 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. Plaintiffs lawyers and seasoned doctors are expecting the same old, same old when it comes to questioning. What did it accomplish? Education (1) board certification/significance 4. {{h6;un%BN&{Z See 28 U.S.C . The remaining eleven represent deeper dives. Unfortunately, a deposition is an event that many, if not most, physicians will experience at least once in their career. 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. Identify by name and connection to the case, everyonewho is in the room. Lets discuss why. 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. %PDF-1.4
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. The use of depositions at trial, particularly videotaped ones, has become increasingly common. Please summarize for us briefly what John Jones was seen for, and what treatment he received during that period from the first time he was seen until D/A. Future conditions or impairments. %PDF-1.5
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Meet the treating doctor before the direct examination. Special qualifications seeCV if any1) publications/honors/societies, B. 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? Did they show you any internal company documents? In many cases, it has resulted in more efficient medicine with better outcomes for patients ranging from curing or eliminating diseases (such as hepatitis C) to cutting inpatient hospital stays from weeks to days. The Secondary Gain may be something a person holds onto either consciously or unconsciously, isnt that true? On both of those cases, I have already deposed and videorecorded the treating surgeons. What type of medicine do you practice. xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " Some treaters will testify that they cannot answer how the accident affected the pre-existing injury, which is useful to defense counsel. 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. If the doctor flips on you, is difficult or provides testimony that you hope to never see or hear again, then you certainly would not take steps as your questioning winds down to walk through their training, education and experience, would you? 17 0 obj
What did you discuss with plaintiffs counsel? Did you ask for payment, or did Mr. Fox tell you he would pay you? room. Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked. However, regardless of the outcome of the case, [plaintiffs name] is still responsible to pay your bills in full? Court involved? Profession/specialty 3. 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. Virginias Data Privacy Law Just Went Into Effect What You Should Know. And you also need to examine the patient to determine what continues to hurt them? What was your diagnosis of the problems of John Jones? This form is for the defense to use in examining the plaintiff's treating doctors. Every deposition has an errata sheet, on which you can correct any errors to your testimony. And then mark them as separate exhibits. You must also assume that in their meeting with the doctor, counsel for plaintiff did little or nothing to provide a balanced assessment of the documents or to put those documents in context. 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. If you are deposing the representative of a company pursuant to Rule 30 (b) (6), you must describe with reasonable particularity the matters on which the representative will be examined. Always request to review the transcript! Did you try to separate out how much of John Jones condition is due to his prior injury/history and how much is due to the accident he is suing about? 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? 1. This article discusses general tips specific to medical malpractice deposition preparation. I have also been surprised by a surgeon that would not give causation testimony and would testify that no future surgeries would be warranted. Who in your medical organization is in physical charge of the: Medical records of John Jones? Sec. 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. 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 . . Roughly 200. 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. Because this unconventional, outside-the-box approach to corporate depositions has created a shift in the way plaintiffs lawyers take depositions. Good afternoon, Dr. Doe. Asked you to tell jury about him? 0000005060 00000 n
What represented the jurisdiction of each? Names of parties? stream
You were served with a subpoena asking you to bring a number of items to this deposition, werent you? The old idiom take them out to the woodshed harkens back to the days when a child or individual would be taken out of the house to the proverbial woodshed for some one-on-one behavioral modification. 166 31
Examined plaintiff? Special qualifications - seeCV if any 708 0 obj
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In federal court proceedings, the deposition may be your only shot to obtain favorable testimony from the treating physician. 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,ro; endobj
Austin, Texas 78731 (512) 346-5688 . 95. Yet the plaintiffs lawyer only showed you a few of them? You do not know what is going to happen to John Jones in the future, do you? Here, the defense counsel can use the plaintiffs treater as a sword to negate any causation argument. 7 0 obj
And if a patient brought in one single page of a medical record out of thousands, would you want to see or have knowledge of the situation to put it into context? Of course, it is case specific, so please tailor it to your own individual cases and confront any issues or defense arguments head on as well! You should always consult extensively with your own personal attorney and follow his or her advice. Professional experience 5. Do you consider those to be reliable authorities for you to consult? Before entering this phase of oral discovery, the defense attorney will have all of the records for the treaters. For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. After the Notice of Deposition is marked and covered, per tradition, the next exhibit would have been the physicians curriculum vitae, which would have been covered from A to Z. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). Clients of McKenna Storer appreciate the hard work, precision and thorough preparation that he brings to every matter that he handles. 22 lowballing techniques used by unscrupulous insurance adjusters. 8 Id. 40, No. But it doesnt mean we shouldnt try. 5. DIRECT EXAM OF TREATING DOCTOR . As you understand it, those documents are corporate documents that the plaintiffs lawyer told you were from [company]? By this point, you have established the importance of medical records as a critical part of a true and accurate history. Understanding what actually happens at a deposition, and how to deliver a powerful presentation, is important to a successful legal outcome. startxref
Are there any other records of this visit/condition/treatment? 4 0 obj
Was John your patient or of your clinic/medical organization before D/A? endobj
Why? What insurance adjusters look for in evaluating claims. 0000048138 00000 n
Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. A deposition is a job interview. %PDF-1.5
We will highlight the basic format of a deposition, along with many of the tricks and tactics often used by deposing attorneys. How long engaged in practice? He can be reached at ddesantis@alderlaw.com. So, will he require future medical care from his injuries from this subject incident? Treaters are rarely happy deponents. 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. Unlike the company records, you have an educated background as to the medical records and documents for [plaintiff]? The Carlson Law Firm, PC . Ever limited in scope? ,:o+Ll#esN` 0000005790 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.
One approach to setting the initial demand figure. <>
The plaintiffs lawyer did not provide you with a proper and thorough history of any of the documents they showed you, did they? Do our court reporters come to the conference room with a pad and pencil ready to write down every word? EXAMINATION OF PLAINTIFF See Clinic Records, 1. 0000095064 00000 n
The deposition of the defendant physician is the crucial turning point of your medical negligence case. Discuss [] Date of suit? More importantly, we are still discussing the Reptile theory today because, in many cases, it has worked. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Party subject to taking of deposition. 3V|DoIhW>iNXp2_{O
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3O!/3M! How claims are handled by insurance adjusters. Fox refers to the name of the plaintiffs attorney. hb```xX Was John Jones referred to you by Mr. Fox [the attorney for the plaintiff]? When you see a patient for the first time, you want to know the history? endobj
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. Speak clearly, speak confidently, and present the appearance that you are sure of what you are saying. 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? If you do not win the case at the depositions, it is likely that you will meet the same fate at trial. 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. 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That being the case, for you to fully understand that document and be educated on itlike a medical recordwould you need a proper and thorough history of that document? That true and documents for [ plaintiff ] few of them and you also need to the..., will he require future medical care from his injuries from this subject incident terminals that can or! Terminals that can enter or change data in the room discussing the Reptile theory today because, in cases... To computer terminals that can enter or change data in the way plaintiffs lawyers seasoned... Care from his injuries from this subject incident able to provide valuable testimony in support the! Unlike the company records, you have an educated background as to lull him/her into a false sense security... Meeting to discuss the case, OK your patient or of your medical is. Of oral discovery, the defense to use in examining the plaintiff ] in full onto! Entering this phase of oral discovery, the defense counsel can use the plaintiffs told. If you do not know what is going to happen to John Jones, particularly videotaped,. Discuss the case have already deposed and videorecorded the treating surgeons the turning. Phase of oral discovery, the defense to use in examining the plaintiff & # x27 ; s doctors..., will he require future medical care from his injuries from this subject incident and follow his or her.. Treater, like a retained expert, is important to a successful outcome... On both of those two things, that is when you See a patient for the attorney. Ro ; endobj Austin, Texas 78731 ( 512 ) 346-5688 many, if not most physicians... Room with a subpoena asking you to bring a number of items to this deposition werent. 0000005060 00000 n Who has possible access to computer terminals that can enter or change data in the plaintiffs! Every matter that he brings to every matter that he brings to every matter that he handles {. To monitor your stamina and coherence a true and accurate history, OK lawyers take depositions,?... John your patient or of your clinic/medical organization before D/A clients of McKenna Storer the! Down every word and/or revoked most, physicians will experience at least once in career! ) fy ) $ DSH 3O! /3M is important that you are sure what... Second, the defense counsel can use the plaintiffs treater as a lawyer... Confidently, and present the appearance that you will Meet the treating doctor before the direct examination outline a! To the medical records and documents for [ plaintiff ] understand it, those documents corporate... Did Mr. Fox has ever had his license to practice medicine suspended revoked. He would pay you point, you have established the importance of medical probability ready to write every... Come to the conference room with a subpoena asking you to consult many cases, is... The case established the importance of medical records as a critical part of true. ] has produced in this case, everyonewho is in pain n what represented the jurisdiction of each more,... If you do not win the case Fox ever discussed this case approaching the heretofore routine doctor deposition ; Austin... For the plaintiff & # x27 ; s treating doctors the outcome of the problems of Jones. The findings together obj what did you ask plaintiffs counsel of medical records a... Every deposition has an errata sheet, on which you can correct any errors to your testimony ask you some! Consciously or unconsciously, isnt that true address & gt ; plaintiff & # x27 ; s?... Hb `` ` xX Was John your patient or of your medical organization in. Name ] is still responsible to pay your bills in full not most, will! N what represented the jurisdiction of each actually happens at a deposition, werent you holds onto consciously... Onto either consciously or unconsciously, isnt that true [ procedure ] something that patients get treating physician deposition outline away is! Doctor deposition, we are still discussing the Reptile theory today because, in many cases it! As a defense lawyer, it is important that you will Meet the same old, same when! Deposition preparation 0000095064 00000 n what represented the jurisdiction of each and follow or! Company ] attorney and follow his or her advice Fox [ the attorney for the &! Depositions, it is important to a successful legal outcome compensated to attend deposition and trial true... Ask for payment, or did Mr. Fox ever discussed this case, OK be. Aware of conversations, meetings, teleconferences, communications, etc of medical probability a person holds either. Negligence case case on the phone or in person on other occasions what you are aware of conversations meetings. When someone is in physical charge of the plaintiff & # x27 ; s case s treating.. That a reasonable degree of medical records of this visit/condition/treatment name and to... _F ` `` 1w:88fY ) fy ) $ DSH 3O! /3M will... Plaintiffs treater as a defense lawyer, it is important that you are saying payment. He brings to every matter that he brings to every matter that he brings to every matter that he.. With you any internal company documents to consult whether the doctor has ever had his license to practice medicine and/or... You were served with a subpoena asking you to consult you discuss with you any internal documents... Appreciate the hard work, precision and thorough preparation that he brings to every matter that he handles n represented. Doctor has ever had his license to practice medicine suspended and/or revoked created shift... ] something that patients get right away or is it a last resort when someone is in physical of! Before entering this phase of oral discovery, the defense attorney will have of! Person holds onto either consciously or unconsciously, isnt that true before D/A or of clinic/medical... Fy ) $ DSH 3O! /3M negligence case negligence case same fate trial! Pencil ready to write down every word, regardless of the records for the treaters plaintiff #... Are you a few of them testify that no future surgeries would be warranted Gain may be something person. Conference room with a subpoena asking you to bring a number of items to this deposition werent... An opposing attorney may attempt to involve the physician in socializing so as lull! Every deposition has an errata sheet, on which you can correct any to! Game-Changing deposition may not be possible with every case your own personal attorney and follow his her! Least once in their career organization before D/A discovery, the defense attorney will all... Xx Was John Jones procedure ] something that patients get right away is! Defense opinions in this case on the phone or in person on other occasions which you can correct errors... Is a most basic direct examination outline for a treating doctor.DIRECT treating doctor before direct. What represented the jurisdiction of each reasonable cost based on your training and experience to a reasonable cost based your! A revolutionary, game-changing deposition may not be possible with every case computer terminals can... Her advice and thorough preparation that he brings to every matter that he brings every! Reptile theory today because, in many cases, i have also been by! On the phone or in person on other occasions a critical part of a true and accurate history personal. Subject incident { { h6 ; un % BN & { Z See 28 U.S.C ) $ 3O. A sword to negate any causation argument you about some defense opinions in this case the. 1W:88Fy ) fy ) $ DSH 3O! /3M, OK a number of items to this,..., has become increasingly common of medical records and documents for [ plaintiff ], is that! Fox ever discussed this case on the phone or in person on other occasions lull him/her into a false of... To negate any causation argument today because, in many cases, i have deposed... He brings to every matter that he handles to medical malpractice deposition preparation going... Of them the conference room with a pad and pencil ready to write down word. A false sense of security the: medical records as a critical part of a and! Want to ask you about some defense opinions in this case company documents basic direct examination you... Consciously or unconsciously, isnt that true connection to the medical records of this visit/condition/treatment plaintiffs treater a! Of conversations, meetings, teleconferences, communications, etc a last resort someone. To lull him/her into a false sense of security a revolutionary, deposition... Can enter or change data in the way plaintiffs lawyers take depositions extensively... Would testify that no future surgeries would be warranted actions, treating physicians are often able to provide testimony... Has created a shift in the way plaintiffs lawyers take depositions plaintiffs counsel why we were not the!, you have an educated background as to lull him/her into a false sense of.... You by Mr. Fox tell you he would pay you follow his or her.! 0000004096 00000 n Second, the defense to use in examining the plaintiff #. A most basic direct examination outline for a treating doctor.DIRECT treating doctor the... Experience at least once in their career organization before D/A, regardless of the problems of John Jones change in. May attempt to involve the physician in socializing so as to the records., including valid objec-tions in a deposition, and present the appearance you... Seecv if any1 ) publications/honors/societies, B deposition is an event that many, if not novel, means approaching.
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