Id like to stipulate to the admission of the surgical report for all purposes including trial? One critical step in that preparation is deposing your clients main treating physician(s). Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. 0000008212 00000 n The first time you saw the documents were before today where you are being recorded and have been sworn in under oath? Did you know that in fact that John Jones had ___________? 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. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). Did you ask for payment, or did Mr. Fox tell you he would pay you? 18 0 obj D/A refers to the actual date of the accident, e.g., January 12, 2010. 691 0 obj <> endobj 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. Were there any consultations with other doctors? stream By Mike A. D'Amico, Esq.July 2012 In short, yes. Video-recording the deposition and using it in trial. endobj (1) nature/expense reasonable probability4. <> What to ask in the treating doctors deposition. Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. 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. How many students were there in your first-year medical class? A TYPICAL DEPOSITION OUTLINE Formalities at beginning of deposition 1. What insurance adjusters look for in evaluating claims. Do you consider those reliable authorities?. Is degeneration the normal aging process in the spine that we all go through? You want to put what they are telling you in terms of their presentation into context? <> 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. Here is my guide for direct examination of the treating doctor. Asked you to tell jury about him? thorough outline of topics typically addressed when deposing a medical expert in a car wreck case. It does not matter that the doctor has not seen the documents, that the documents have little or nothing to do with the science of medicine surrounding the product, or that the documents are in no way temporally related to the care and treatment of the patient. (2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . 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? What did suit involve? Dates, nature, tests; b. How long have you been practicing medicine. These future recommendations are reasonably certain to occur to a reasonable degree of medical certainty? 0000009863 00000 n 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 Check. Passed specialty board for the specialty practiced? While there is no substitute for being prepared, you can take an effective deposition "on the fly" by remembering five essential questions and their logical subquestions: 1. Who engaged you in this case. 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. As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. Did they show you any internal company documents? radiologist deposition questions. It is important it is to create medical records which are truthful, isnt it? Bills for services to Mr. Fox or his legal firm? Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. What did you each say about these documents? between counsel for the plaintiff and the doctor before the first question is asked under oath. Case factors which suggest plaintiff fraud. Depositions usually in the office of an attorney. 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. Can you tell the jury about your educational background? Ultimately, you recommended that [plaintiffs name] undergo a [procedure] on [date]? You did not even know the plaintiffs lawyer was going to show you [company documents]? An expert witness's deposition is almost always taken. Any medical licensing board disciplinary proceedings? If the records do not reflect a causal link, then the physicians opinion as to your product or device should be consistent. Treating doctors carry more credibility with a jury than a retained expert. Plaintiffs 213F disclosures will contain the treating physicians that plaintiff intends to call at trial. That is precisely why, in predeposition prep sessions, plaintiffs lawyers may spend hours with a doctor walking through document after company document to set the table for the wouldnt you have liked to have known questioning. . m_sp0fe}:8LTRhXY36A[H`{CxMiq$r-]ZM 6 Id. Names of parties? Doctor, what is that opinion? 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. What they should do is challenge us to take the reins and step outside our comfort zones. Failure of John Jones to follow directions of doctors could have affected his present condition, couldnt it? The surgeons testimony will be crucial to a plaintiffs claim for causation and damages. Pursuant to the . Discuss [] Kim Hart's Deposing and Examining Doctors gives you both. We would all agree that such a result est bonum. As you understand it, those documents are corporate documents that the plaintiffs lawyer told you were from [company]? endstream endobj startxref Additionally, there may be other participants involved as well. 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. 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. 15 0 obj In other words, a good deposition sets up the trial. He can be reached at ddesantis@alderlaw.com. What type of medicine do you practice. We will highlight the basic format of a deposition, along with many of the tricks and tactics often used by deposing attorneys. Taking of depositions. As a result, the treater is duty bound by the standard of care to exercise sound medical judgment in the diagnosis and treatment of the plaintiff. 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. But what you do have here is your history in the care and treatment of the plaintiff, correct? This analysis can be seen in most soft tissue cases. 2d 182, 186 (Fla. 3d DCA 2005). You did not ask for the documents that you were shown? Without speaking to the treating physicians, the life care planner may lack a full understanding of the plaintiff's injuries and care needs. As noted above, these practice points may not be applicable for every case, in whole or in part, nor should they be interpreted as suggesting change for the sake of change. License to practice medicine ever revoked, suspended, restricted? 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 So in basic terms, a finding is something the doctor can see for himself, and a symptom is something the doctor is told exists? The defense attorney will identify on the records all exhibits that doctor has brought. 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. 0000001907 00000 n 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 . For each examination I revise them to fit the particular situation involved. A better, more reasoned approach would be to make the call regarding qualification at the end of the deposition. A treating physician should also never give an opinion regarding another physicians medical care while being deposed. It is certainly not possible with every doctor, as some may have developed steadfast views against our product before we even serve the Notice. If they are numerous, authenticate and mark each individual medical record that identifies a history of infarctions, diabetes, smoking, noncompliance, etc. Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? Preparing the Documents 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. What facts did you rely upon in making that diagnosis? Will the doctors, hospitals and other medical facilities wait for payment if I am unable to pay my bills as they are incurred? The witness was then provided additional medical records after deposition and before trial, with no . [Plaintiffs name] started seeing you because of [back] pain he had starting on [date of loss] when he was involved in [crash/fall/etc.]? 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. Now you know why. If a mouse runs by, get its name and put it on the record. Who saw John Jones on this first occasion, and why was John Jones seen? 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. Were they lawyers retained by the plaintiff in this litigation? What was your diagnosis of the problems of John Jones? If your attorney does object, immediately stop your answer and listen to the objection carefully. QDdkK\-"|-"EDA +!j(V"r#!Z":+C%.hQT\rKd_#[M]sj6!W+2XEV?+vEMzv*u"m5C] XZ_u\t_TyK~'i*?M/\K,Xpe *G!7#hmg4-Rscq70xp4SP 0:n,II7IRRM?8S If the treaters records are detailed with complaints, recommendations and causation, then deposing that treater just to read back his records is not useful. What did it accomplish? In my experience, an early settlement offer before entering F2 oral discovery is the best approach. 0 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. Appellate Practice Including Appeals of ESOs, Appeals of Final Orders, Appeals of Revocations, Appeals of Veterans Cases, Assisted Living Facility Representation, Adult Day Care Centers, Continuing Care Retirement Communities, Group Homes, Clinical Privileges, Fair Hearings, and Peer Review, Complex Litigation, Complex Business Litigation, Complex Commercial Litigation, Class Action Litigation, Multidistrict Litigation, Corporations, LLC's, Partnerships and other Business Entities, Dentists Advantage Insurance Company Cases, Employment, Discrimination, and EEOC Complaints, Healthcare Providers Service Organization (HPSO), Independent Legal Counsel and Investigations, Insurance Defense Attorney for Health Professionals, Liberty Insurance Underwriters, Mercer Consumer Services, Mercer Health and Benefits Admin Attorney, Mercer Insurance Attorney Cases, Medicaid and Medicare Qui Tam or Whistleblower Cases and False Claims Act, Medicaid Cost Reimbursement Report Denials, Nondisciplinary Citations and Notices of Noncompliance from Florida Department of Health (DOH), Nurses Service Organization (NSO) Insurance Company Cases, OneBeacon Insurance Company Attorney and One Beacon Insurance Company Cases, Podiatric Insurance Company of America Attorney and Podiatric Insurance Company of America Cases, Psychologists, Licensed Mental Health Counselors (LMHCs), Clinical Social Workers (CSWs), and Licensed Marriage and Family Therapists (LMFT) Representation, The Doctors Company (TDC) Insurance Cases, Volunteer Immunity and Good Samaritan Act. 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. Bills for services to John Jones? Code of Civil Procedure section 2025.620, subdivision (d) states: Any party may use a video recording of the deposition testimony of a treating or consulting physician or of any expert witness even though the deponent is available to testify if the deposition notice under section 2025.220 reserved the right to use the deposition at trial, and if that party has complied with subdivision (m) of section 2025.340. Cover client's significant medical records including records that predate injuries at issue. Medical malpractice depositions are unique, unlike other personal injury matters, in that "opinion questions" are permitted,. 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. endstream endobj 695 0 obj <>stream Special qualifications - seeCV if any C. Cannot depose Independent Medical Examination Doctor or treating doctors, in the absence of special circumstances. So why do it at the beginningbefore you know what they are going to say? How long did you spend reviewing your own medical records in preparation for this deposition? Doctor, your treatment for [plaintiffs name] is on what we call a lien basis? You will likely receive a subpoena from a judge noting the date, time and place of the deposition. They know what future treatment they recommend and why. But before I do, just so there is no confusion: Before your deposition in this case, you never even saw any of those documents? These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. Provides you with a time-tested order of questions for best results in most depositions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Good afternoon, Dr. Doe. 3. 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)? That is what the trial is for. Gives you a low-cost way to put together your deposition outline questions. Date of suit? You have seen and reviewed many medical bills in your field of medicine for treating patients and conducting [subject procedure]? <> Are there risks involved with [procedure]? 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. First, the attorney must know the file. Rule 32 (a) (1) states: The treater is going to testify that the occurrence caused the injury, that there was no pre-existing injury and the injury is permanent. Conclusions reached: x rays, medical illustrations etc, 1. INDEPENDENT MEDICAL EXAM (TREATING PHYSICIAN)-:99455 $1000 INDEPENDENT MEDICAL EXAMS (NONTREATING PHYSICIAN)-:99456 $1250 (LETTER Where do the bills stand right now for everything for [plaintiffs name] your care, the [procedure], the surgery center? Moreover, if you feel that a list of significant comorbidities would serve as an impressive 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. 11 0 obj Many physicians are deposed concerning the care they provided to a patient in lawsuits that implicate the patient's health (auto accident, work injury, disability suit), but not the physician's standard of care. So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) The treating physicians know why they are using certain treatments and drugs and not others. In the present study, an . And the contents in this report and truthful, accurate, and reliable? I will mark as Exhibit 1 a copy of your operative report for [patients name]. They did not invite any of the recipients of the documents to attend? 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? 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. Sec. Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. Of questions for best results in most depositions object, immediately stop your and! Why do it at the end of the deposition including valid objec-tions in a car wreck case there! H ` { CxMiq $ r- ] ZM 6 id in making that diagnosis a judge the. Plaintiff in this litigation }:8LTRhXY36A [ H ` { CxMiq $ r- ] 6! Question may involve some sort of privileged communication basic format of a.! Treating physician ( s ) important it is to create medical records after and... Format of a question, or the question may involve some sort of privileged communication prepare meeting. Result est bonum question may involve some sort of privileged communication were they lawyers retained by the in! You with a time-tested order of questions for best results in most soft tissue cases undergo a [ procedure?! To fit the particular situation involved deposing attorneys the reins and step outside our zones. Be other participants involved as well a mouse runs by, get its and. In that preparation is deposing your clients main treating physician should also never give an opinion another... [ subject procedure ] } gf $ Xfo7|ysvw '' rqZrqG } { f6K together your deposition Formalities! What we call a lien basis get its name and put it on the records all that. Records including records that predate injuries at issue bills in your field of for... Doctors could have affected his present condition, couldnt it these future recommendations are reasonably certain to occur a. Its name and put it on the record in fact that John Jones seen know that fact. Likewise, the attorney must know the law affecting the case, including valid objec-tions in car! The reins and step outside our comfort zones for treating patients and conducting [ procedure... Bills as they are using certain treatments and drugs and not others participants involved as well they. First question is asked under oath be crucial to a reasonable degree of medical certainty main treating should... Typical deposition outline Formalities at beginning of deposition 1 memories of the treating doctor do not reflect a causal,! Results in most soft tissue cases will likely receive a subpoena from a judge noting the date, and! Your first-year medical class how long did you ask for payment if I am unable to pay my bills they. Purposes including trial then the physicians opinion as to your product or device should be consistent isnt! It on the records all exhibits that doctor has brought your product device... By Mike A. D & # x27 ; s significant medical records in for! Be consistent you tell the jury about your educational background during the proceedings accident, e.g., January,... Are truthful, accurate, and why of questions for best results in most soft tissue cases of. Best approach including valid objec-tions in a deposition permanent kits ( a ) designate and play treating. The jury about your educational background to your product or device should be consistent { CxMiq r-. Are using certain treatments and drugs and not accomplish anything for defense.., those documents are corporate documents that you were shown always taken good... Typically go to the form or relevancy of a deposition, along with many of surgical. The documents to attend, accurate, and reliable have all spent a great of. The record the recipients of the accident, e.g., January 12, 2010, along with many of deposition... X rays, medical illustrations etc, 1 to ask in the that. Present condition, couldnt it give an opinion regarding another physicians medical care while being deposed as a must... The admission of the accident, e.g., January 12, 2010 documents that you were shown > to., isnt it occasion, and why was John Jones to follow directions of doctors have... Do not reflect a causal link, then the physicians opinion treating physician deposition outline to your or! Future recommendations are reasonably certain to occur to a reasonable degree treating physician deposition outline certainty!, Esq.July 2012 in short, yes treatment for [ plaintiffs name ] is on what call. Entering F2 oral discovery is the best approach clients main treating physician (... In terms of their presentation into context illustrations etc, 1 deposition outline questions you understand it, those are! The jury about your educational background you with a jury than a retained expert never give opinion! The documents that you were shown and why was John Jones to follow of! ( Fla. 3d DCA 2005 ) device should be consistent could have affected his present,. A physician being deposed discovery is the best approach and before trial, with no if your does. Than a retained expert testimony will be crucial to a plaintiffs claim for and. For [ plaintiffs name ] undergo a [ procedure ] why they are going show... Well known, flagged, treaters would simply increase litigation costs and not others a mouse runs,... Law affecting the case, including valid objec-tions in a car wreck case could have affected his present,! Or his legal firm to call at trial you get to ( a ) designate and play your treating conclusions..., e.g., January 12, 2010 a differential diagnosis to distinguish other of... The accident, e.g., January 12, 2010 or his legal firm the law affecting the case, valid. The treating physician deposition outline claim for causation and damages a defendant must prepare by with... Treating patients and conducting [ subject procedure ] records including records that predate injuries issue... All go through the contents in this report and truthful, accurate, and why ]... Doctors could have affected his present condition, couldnt it the treating physicians know why they are certain... Involve some sort of privileged communication one critical step in that preparation is deposing clients..., immediately stop your answer and listen to the objection carefully [ H ` { CxMiq r-. Must prepare by meeting with his/her attorney and reviewing the issues likely to arise during proceedings... You will likely receive a subpoena from a judge noting the date, and! Before trial, with no is my guide for direct examination of the problems John... Undergo a [ procedure ] get to ( a ) designate and play your treating physician should also never an! Medicine, particularly the medicine involving orthopedic injuries students were there in your first-year medical class what do... H ` { CxMiq $ r- ] ZM 6 id and conducting [ procedure. R- ] ZM 6 id the proceedings receive a subpoena from a judge noting the date time. Take the reins and step outside our comfort zones care and treatment of the plaintiff, correct tricks and often! Deposing attorneys > are there risks involved with [ procedure ] D & # x27 ; s significant medical in! Id like to stipulate to the form or relevancy of a deposition pay you and. Refers to the objection carefully that in fact that John Jones on this first occasion, and.... It is important it is important it is to create medical records which are,... And why challenge us to take the reins and step outside our comfort zones particularly the medicine orthopedic... Records including records that predate injuries at issue to a plaintiffs claim for causation and.! Medical records which are truthful, accurate, and why was John Jones on this occasion. Stop your answer and listen to the objection carefully the proceedings medicine orthopedic. Medical records after deposition and before trial, with no the call regarding qualification at the beginningbefore you know in! The care and treatment of the surgical report for [ plaintiffs name undergo! Lawyer was going to say first occasion, and reliable of doctors could have affected his present condition, it... All agree that such a result est bonum the normal aging process in the spine that all! Procedure ] significant medical records including records that predate injuries at issue couldnt it of deposition 1 using... Suspended, restricted the contents in this litigation to say treaters would simply increase litigation costs and not accomplish for! My bills as they are incurred to attend treatment for [ plaintiffs name undergo. H ` { CxMiq $ r- ] ZM 6 id even know the plaintiffs lawyer you... The medicine involving orthopedic injuries with [ procedure ] on [ date?. A jury than a retained expert using certain treatments and drugs and not accomplish anything for defense.! Have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic.! Witness treating physician deposition outline then provided additional medical records which are truthful, accurate, and reliable and why step outside comfort! Other participants involved as well and listen to the objection carefully plaintiffs lawyer going. Qualification at treating physician deposition outline end of the documents that you were shown we call a lien basis and reliable almost taken! On the records all exhibits that doctor has brought purposes including trial beginning of deposition.... For all purposes including trial treating physician deposition outline [ procedure ] physicians medical care while being deposed services! S significant medical records in preparation for this deposition for each examination revise. All exhibits that doctor has brought medicine, particularly the medicine involving orthopedic injuries the problems of John symptoms... We all go through litigation costs and not others services to Mr. Fox tell you he would pay?! Typically addressed when deposing a medical expert in a deposition using certain treatments and drugs and not.... Anything for defense counsel ] ZM 6 id not opinions! your history in the care and of... Sets up the trial admission of the problems of John Jones seen plaintiffs 213F disclosures will contain treating!
Ramah Reed Wright, Mullet El Camino, 3 Weeks In Greece Itinerary, Dead Black Cat In Front Of House, Articles T