Doctor, your treatment for [plaintiffs name] is on what we call a lien basis? QUALIFICATIONS 1. }oPqp[h|sI>T>Q~K)g.s5j|\fS6R}?QzFwPml_M0Sqf 0^)/^c
{BB8&i1=fDY. Date of suit? 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)? In coordination with the initial diagnosis, were there consultations with other doctors? He can be reached at ddesantis@alderlaw.com. PREPARING FOR THE DEPOSITION o Outline the critical issues in your case and what opinion you need from the doctor on each . b. Depositions of key witnesses; c. Clinic records; Reviewed medical literature generally about this situation? These treaters are the physicians who treated the plaintiff for his alleged injuries. 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. What did you each say about these documents? Board certified? 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 injured worker's deposition is the most important deposition taken in a workers' comp case. While a treating physician is not generally classified as an expert witness, it is not an absolute rule and he may be deemed an expert in certain circumstances. >>
Do you know how many millions of documents [company] has produced in this case? The deposing attorney may invite assistants, including consulting physicians, nurses, or paralegals to help them in analyzing the testimony and framing questions. 1 0 obj
Who asked you to this talk between yourself and Mr. Fox? %
8 Id. Name - professional address >plaintiff's doctor? The deposition is taken down by a court reporter and a typed transcript is produced for later use by the attorneys and the court. We'll outline 16 "best practices" that are critical to your success. EXAMINATION OF PLAINTIFF See Clinic Records, 1. 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. 3. A better, more reasoned approach would be to make the call regarding qualification at the end of the deposition. 0000001716 00000 n
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General Litigation Deposing a Plaintiffs Treaters, deposing plaintiffs physicians, Alexander Sweis is an outstanding trial attorney with more than a dozen jury trials to his credit. The contrasting approach of more reasonable mid-sized insurers. \a:b%?#>h'o=*s+a0xdhu9CFEXMtgoQ+,qkH
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deposition treating physician. Check. How many students were there in your first-year medical class? Plaintiffs lawyers and seasoned doctors are expecting the same old, same old when it comes to questioning. [The defendants lawyer will obtain and have court mark it as an Exhibit. This form is for the defense to use in examining the plaintiff's treating doctors. Sec. PREPARING FOR THE DEPOSITION o Research doctor [s background o Prior deposition/trial testimony in similar cases (use P/D lawyer associations etc.) D/A refers to the actual date of the accident, e.g., January 12, 2010. Depositions usually in the office of an attorney. For each examination I revise them to fit the particular situation involved. Arguably, some of the most important testimony in a pharmaceutical or medical device case comes from the treater, prescriber or implanting physician. [either a case brought by you, or a case involving other persons]. [Plaintiffs name] started seeing you because of [back] pain he had starting on [date of loss] when he was involved in [crash/fall/etc.]? stream
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 treating physician was called to testify at deposition. endstream
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Many physicians will admit they are trainedfor charting purposesthat if its not in the medical record, it didnt happen.
Bills for services to John Jones? 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 . 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. treating physician deposition fee schedule. Pro tip: Over-designate clips because: (1) you have them just in case you need them and (2) so nobody knows which ones you really intend on playing at trial. startxref
L How long have you been practicing medicine. And the list goes on, with most of us quietly congratulating ourselves after the fact on our ability to read a CV into the record. o Remember comp cases are all different o What is the doctor [s . Here are some common tactics used by plaintiff attorneys deposing EPs: Plaintiff attorneys will try to get the EP to blame another . Date of suit? 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. 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 witness has not brought any item: And that number does not include the surgery center cost? Sec. 6 Id. xref
The retained expert can come across as a hired gun. The purpose of going through this exercise is twofold. Even without expert testimony, the plaintiff's case should be made with the defendant's deposition. So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) 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. Dr. _____, where is your practice located. That prior injury or history can affect a decision on 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, cant it? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Can you explain to the jury what a _____ does. Names of attorneys? While the physician is not a party to the lawsuit and typically does not have an interest in how the lawsuit is resolved, it is important to still retain legal counsel as your records and treatment will be reviewed and scrutinized. Follow his instructions and do not be intimidated by the examining attorney. And in that situation, the pain generator is the incident and not the degeneration? demonstrative, then itemize the comorbidities on a piece of paper as the doctor identifies each item as clinically significant. One critical step in that preparation is deposing your clients main treating physician(s). When did you (including anyone in your clinic/medical organization) first examine John Jones after the accident of D/A? Ask whether it was an an expert for plaintiff or defendant ii. 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. Leave with a better understanding of the overall deposition process. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>>
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Pursuant to the . It is important that medical records should show significant items of the patients complaints and conditions and should show the doctors examination, diagnosis, and treatment, isnt it? Did plaintiffs counsel compensate you for your time? Contact Alex Sweis at McKenna Storer about this article or any questions relating to Insurance Defense. In fact, is it important for you to have a history of the patients prior injuries, treatment and health conditions for you to make an educated assessment about the condition? They did not provide any of the background data, underlying documents or emails leading up to that document? It is not legal advice. <>
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. 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. These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. Be confident. As you understand it, those documents are corporate documents that the plaintiffs lawyer told you were from [company]? (Who? Names of parties? Consequently, we all can leave here knowing there is no mistake that [summarize again]. C. REFUSAL TO MEET 1. Austin, Texas 78731 (512) 346-5688 . Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. So, that oath you took when you became a doctor, to help your patients as best you can, applies to [plaintiffs name]? Any medical licensing board disciplinary proceedings? Who in your medical organization is in physical charge of the: Medical records of John Jones? Cross-Examining Doctors: A Practical Guide, Second Edition explains step-by-step how to: Investigate the case thoroughly and promptly. 698 0 obj
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At the end of the first examination, did you make a diagnosis? 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? Medical malpractice depositions are unique, unlike other personal injury matters, in that "opinion questions" are permitted,. Did they show you any internal company documents? Now you know why. Of course not. Note: Here the defense counsel can cause the doctor to become uncertain or more conservative in his or her testimony by informing him/her of pertinent aspects of the plaintiffs prior injuries or history that this doctor did not mention as part of the history considered or known about. 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? Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? 96. The settlement style of large and conservative insurers. /Filter /FlateDecode
The short answer to this question is "yes.". Before this deposition, did you meet with the attorney for John Jones, Mr. Fox? Was anyone representing [product or client] present? 5 (May 2004). Mechanics of how accident causes these injuries2. 52-148d. 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 . Deposing a plaintiffs treaters should be on a case by case basis. While it certainly will not fit every situation, there are times when some of this approach can have a positive impact on the outcome of the case. Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. Tried, settled or still ongoing? And the contents in this report and truthful, accurate, and reliable? The Supreme Court held that section 2034 does not require the submission of an expert witness declaration for a treating physician, emphasizing at the outset that "the treating physicians in this case were designated as expert witnesses," as required by subdivisions (a)(1) and (f)(1)(A) of section 2034, which requires a "'list setting forth the . Did plaintiffs counsel say or suggest we were invited but did not show up? 95. 0000036741 00000 n
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This form is for the defense to use in examining the plaintiffs treating doctors. 0000003806 00000 n
It is a proceeding where a lawyer representing a party to a lawsuit asks questions to or interviews a witness under oath, but out of court. Treating doctors carry more credibility with a jury than a retained expert. What effect can that prior injury or history have on the diagnosis of John Joness present condition? CPLR: DEPOSITIONS endobj
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. 6 0 obj
(t Even if your patient tells you what the document means, would you want to see what the treatment, diagnosis, surgical, etc. After all, innovation in your questioning could very well be the sine qua non of your success. Proximate cause of injury: reasonable probability, 1. cross examination of treating physician. 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? Names of parties? Board Certified by The Florida Bar in Health Law, OSTEOPATHIC FAMILY MEDICINE RESIDENCY PROGRAM. This is a general outline intended for use during the direct examination of the client's treating physician. Name professional address>plaintiffs doctor? If someone has a broken bone, you can see that on an x-ray and it is called an finding, isnt it? However, the plaintiff can use the treater to obtain aggravation or exacerbation testimony. Generally the defense gains an advantage in the deposition of a plaintiff's treating doctor by making the examination, long, detailed, and boring. Sec. When one undergoes a procedure like the one [plaintiffs name] underwent, does that mean they are going to be in the clear without the need for future medical care moving forward? 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 defense attorney will make sure the court reporter marks as an exhibit and copy everything that the witness has brought with him, even if it is not referred to in this deposition. This outline and the information it contains is for educational and informational purposes, to promote discussion and analysis. This point has significance for the diagnosis or treatment of John Jones, doesnt it? 98. Unlike the company records, you have an educated background as to the medical records and documents for [plaintiff]? The use of depositions at trial, particularly videotaped ones, has become increasingly common. 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. 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. Was anything observed that was not recorded? Can you walk us through the procedure you did to help [plaintiffs name], please? sample deposition questions for plaintiff. What was your testimony about? In conclusion, 213F(2) oral discovery is a costly endeavor. A deposition is not to find out the facts. 196 0 obj
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When you are done, have the doctor clearly confirm what the list represents. <>/Metadata 528 0 R/ViewerPreferences 529 0 R>>
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. %PDF-1.5
Future complaints or subject symptoms. endobj
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January 12, 2010 millions of documents [ company ] the jury what _____. Practicing medicine or implanting physician product or client ] present Edition explains step-by-step to... Different o what is the doctor identifies each item as clinically significant incident and not accomplish anything for counsel.
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