treating physician deposition outline

<> You wouldnt want to guess about those things, would you? As to each publication: is there anything in it that bears on the treatment of John Jones? Did plaintiffs counsel compensate you for your time? 22 lowballing techniques used by unscrupulous insurance adjusters. Court involved? It is not legal advice. 2. Did plaintiffs counsel say or suggest we were invited but did not show up? treating physician deposition california. When court order necessary. These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. Sec. Any self limitations on type of practice? You had the benefit of the plaintiffs medical record and past illnesses, ailments and comorbidities? 2. Why? <> Tell us some of the things that you cannot predict with certainty about John Jones? 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. In the below checklist, the plaintiff is referred to as John Jones and Willy Fox or Mr. Did you try to separate out how much of John Jones condition might be due to his own failure to follow medical directions? Now at this talk between you and Mr. Fox to which I was not invited and for which you are to be paid by Mr. Fox, what did you say to each other? Having now laid the foundation for the plaintiffs health condition and having taken a trip through time leading up to the allegations at issue, you must then make the call to determine how deep you want to go regarding substantive opinions about the product, outcomes, diagnosis and prognosis. 0000009863 00000 n <> <>/Metadata 528 0 R/ViewerPreferences 529 0 R>> Dr. _____, where is your practice located. OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc. 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. When was the first time you or anyone in your clinic/medical organization saw John Jones? In addition, we will leave you with ten points to remember should you ever be deposed. What was the primary purpose of [plaintiffs name] seeing you? If this is the case and if the plaintiff experienced substantive or significant comorbidities leading up to the implant, prescription or ingestion, then take the time to walk through those comorbidities in a linear fashion. 4. For physicians, depositions are stressful and unnatural experiences. Since the deposition, you have not seen any company documents? 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. Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? This requires that they engage in continuous self-examination to ensure that their testimony represents the facts of the case. However, the plaintiff can use the treater to obtain aggravation or exacerbation testimony. What documents did Mr. Fox show you, and what documents did you show Mr. Fox? Insurance carriers are becoming more unreasonable. Gives you a low-cost way to put together your deposition outline questions. 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! The treating physician was called to testify at deposition. What was your diagnosis of the problems of John Jones? 2 0 obj The surgeon is also the treater who will give any future medical treatment testimony or opine to future surgeries. I agree to be emailed to confirm my subscription to this list, A direct examination outline of a treating doctor. Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in Read More Build a Morning News Brief: Easy, No Clutter, Free! So, as we get older, we all have degeneration in the spine, which includes the back and neck? 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. Identify by name and connection to the case, everyonewho is in the room. Medical Deposition Outline for Injury Case MEDICAL DEPOSITION **Put objections on tape Qualifications of doctor Name, profession and address License to practice in State? Jurors often perceive the providers as neutral players in the game, unsullied by expert fees and untethered to long histories of associating with law firms or litigation. startxref 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? 7 Id. 196 0 obj <>stream After all, innovation in your questioning could very well be the sine qua non of your success. You did not even know the plaintiffs lawyer was going to show you [company documents]? 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. It is also not unusual for a defendant physician or a plaintiff in a personal injury action to be present as well. What did suit involve? All of the other students in the first-year medical class. (t One critical step in that preparation is deposing your clients main treating physician(s). When you became a doctor, did you take an oath? What is your understanding of why the attorney contacted you? Is degeneration the normal aging process in the spine that we all go through? Did you know that in fact that John Jones had ___________? 166 0 obj <> endobj 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 The treating physicians know why they are using certain treatments and drugs and not others. He can be reached at ddesantis@alderlaw.com. Names of parties? INDEPENDENT MEDICAL EXAM (TREATING PHYSICIAN)-:99455 $1000 INDEPENDENT MEDICAL EXAMS (NONTREATING PHYSICIAN)-:99456 $1250 (LETTER M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 <> More importantly, we are still discussing the Reptile theory today because, in many cases, it has worked. 1. An effective deposition is the best opportunity to directly influence the ultimate outcome of the case. 4. When did you (including anyone in your clinic/medical organization) first examine John Jones after the accident of D/A? Ask the doctor to sign it before you mark it as a separate exhibit. Date of suit? The use of depositions at trial, particularly videotaped ones, has become increasingly common. Are you a social friend or business friend of Mr. Fox? 15 0 obj They allow one side to find out what a witness or party knows about the case; It fixes a witness's story so that he/she cannot amend his/her story at trial; Under certain circumstances, it preserves the testimony for witnesses who may not be available to testify at trial; and. Every deposition has an errata sheet, on which you can correct any errors to your testimony. And how many of these procedures have you done in your career to help your patients? All of my outlines are very simple and basic. Who has possible access to computer terminals that can enter or change data in the file? %PDF-1.4 % You also need a history from the patient? 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? 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. 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. So, that oath you took when you became a doctor, to help your patients as best you can, applies to [plaintiffs name]? In other words, a good deposition sets up the trial. Since medical malpractice depositions are an essential part of discovery, your attendance is mandatory. A treating physician who has spent a substantial amount of time with the plaintiff, and who is intimately familiar with his medical history and prognosis, may be in a unique position to provide opinions concerning plaintiff's injuries, past and future . MEDICAL DEPOSITION - VEHICLE COLLISION. An expert witness's deposition is almost always taken. These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. 1. Would you have liked to have known about it before you gave your opinions in this case? At the end of the first examination, did you make a diagnosis? Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. By this point, you have established the importance of medical records as a critical part of a true and accurate history. Who do you compete against for this award? Video-recording the deposition and using it in trial. So in basic terms, a finding is something the doctor can see for himself, and a symptom is something the doctor is told exists? A deposition is the questioning of a witness under oath outside of a courtroom. Of course not. This line of questioning would generally fall into those reserved traditional outlines. 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. The insurer gets only a cross-examination . Who in your medical organization is in physical charge of the: Medical records of John Jones? \a:b%?#>h'o=*s+a0xdhu9CFEXMtgoQ+,qkH +Ps3)Pc 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. Mechanical Aids Special Studies (electronic studies, lab tests, x-rays)? 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]. 0000063781 00000 n What else did you review in preparation for this deposition? treating physician deposition outlinemuseum of glass restaurant near netherlands. [ 11 0 R] [Plaintiffs name] started seeing you because of [back] pain he had starting on [date of loss] when he was involved in [crash/fall/etc.]? 0000003806 00000 n It means first, do no harm and is the ethical guiding principle in the medical profession. 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. 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? endobj Pursuant to the . about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). Doctor-Patient: Information shared between a patient and their treating physician cannot be used against the patient in legal proceedings. 0000001907 00000 n 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. endstream endobj 695 0 obj <>stream Used effectively by plaintiffs 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 defending those depositions squarely in their throats. Of course we should, and while we have willingly and eagerly accepted the changes on the technology front, we have been less than zealous when it comes to adoptingor even consideringdifferent litigation practices and techniques. Preparing the Documents endobj So, will he require future medical care from his injuries from this subject incident? HT]o[7}.-RlkC:ncg;\!uxDg'PJAbt&&$/OJBNZ%z6HrTtV>/j~b3Cq h?nFzgbSD7}ekJ[31-c. Nailing your deposition is tall order. between counsel for the plaintiff and the doctor before the first question is asked under oath. Deposing a plaintiffs treaters should be on a case by case basis. No. And you did all three of those things for [patients name]? Maryland Personal Injury Lawyers. 97. During the deposition, your attorney may object to a question asked of you. Education (1) board certification/significance 4. 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. Findings; D. ROLE IN CASE. Defendant Doctor's Deposition Defendant Doctor #2 ($10 million verdict) Defendant Doctor #3 ($2.5 million verdict case: doctor failed to notice signs of patient's internal bleeding that lead to his death) Defendant Doctor #4 ($5.5 million verdict: surgical error during cardiac surgery) Defense Expert (birth injury) Defense Expert #2 /Filter /FlateDecode What does your practice of (orthopedics) involve? sample deposition questions for plaintiff. The retained expert can come across as a hired gun. An experienced attorney will continue a deposition for as long as possible, without interruption, in an effort to fatigue the witness. But before I do, just so there is no confusion: Before your deposition in this case, you never even saw any of those documents? 1. This needs to be done before the defense deposition. 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. What was your testimony about? Leave with a better understanding of the overall deposition process. In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. Did you actually review x-rays or tests yourself? stream endobj Zach Matthews Federal Rule 26 (a) (2) is familiar to many litigators as the rule governing expert witness disclosures. 3. What did it accomplish? What facts did you rely upon in making that diagnosis? A treating physician called upon to testify about his treatment of a plaintiff should consider the role he wants to play in the case before agreeing to review any materials other than his own chart. stream 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. 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? The preparation and effort expended in this deposition determines the defendant's assessment of the case. 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What medical history was obtained from other physicians or from records? 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 . Learn the medical issues, terms, and applicable standard of care. That is what the medical record is for. 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)? 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. Did they discuss with you any scientific literature? Additionally, there may be other participants involved as well. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>> Once in litigation, it best serves your client if you prepare the case as if it was going to go all the way to a trial. What conclusions, opinions did you reach and what do you intend to testify to at trial? Do you have a copy of the transcript of your testimony? <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Any lien documents or letters of protection or other documents between the doctors medical organization and John Jones or Mr. Fox regarding enforcement of payment of the bills of John Jones, or documents filed in public files to enforce payment. As a medical malpractice defendant. Is that an agreement you entered into with your patient to help him by stalling out collection of the bills until his case is over? DIRECT - TREATING DOCTOR A. 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. Fc MO4d. Nn%U(q:x 4q)yU c0n2'' ;{G%"rD8[d}K "vALvSmmf%]e9G`7eOLDgW-v"{sh:.v1Jm8!1@c>P ?~O &p+)! If you learn during the early questions that a doctor has reviewed certain documents, you must assume they have seen the worst of the worst. Why video-record your clients treating doctors deposition. Any medical licensing board disciplinary proceedings? Id like to stipulate to the admission of the surgical report for all purposes including trial?

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