treating physician deposition outline

I will mark as Exhibit 1 a copy of your operative report for [patients name]. 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. Names of attorneys? Many physicians have had the unfortunate experience of giving a deposition. Provides you with a time-tested order of questions for best results in most depositions. 0000003470 00000 n 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. New Jersey Personal Injury Attorneys | Serving Monmouth County, Ocean County, and Middlesex County. %PDF-1.5 52-148b. The tired practice of following an outline loosely based on Introduction, Credentials, Records Review, Opinion and Thank You for Your Time, Doctor is over. 0000095064 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. It is not uncommon for a treating physician giving a deposition to have little or no independent recollection of the plaintiff or of their treatment of the plaintiff. 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. Plaintiffs 213F disclosures will contain the treating physicians that plaintiff intends to call at trial. How does my lawyer make sure that the doctors and medical facilities will get paid? 0000009863 00000 n If the records are illegible, then the deposition may serve a purpose just to understand what is in the records. 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. 166 0 obj <> endobj When you became a doctor, did you take an oath? 97. Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? Future treatment required? <> 196 0 obj <>stream Check. We would all agree that such a result est bonum. This analysis can be seen in most soft tissue cases. \a:b%?#>h'o=*s+a0xdhu9CFEXMtgoQ+,qkH +Ps3)Pc You also need a history from the patient? Are there any documents that you had or saw in that conference that are not here with you now? 8 Id. 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? Sec. 7 Id. Hospital privileges ever denied? The first five are bitesize. Did they discuss with you any scientific literature? 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. What did suit involve? Copyright This outline and information cannot be used against its authors and clients. He can be reached at ddesantis@alderlaw.com. What did you have to do in the . % endobj The defense offered to pay $40, the statutory "fact witness rate." . The contrasting approach of more reasonable mid-sized insurers. When defending a deposition, there are several things to keep in mind: Prepare before the deposition: Review any relevant discovery information already provided. 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. Sec. A treater, like a retained expert, is compensated to attend deposition and trial, true. CPLR: DEPOSITIONS What is your occupation? Even without expert testimony, the plaintiff's case should be made with the defendant's deposition. You do not know what is going to happen to John Jones in the future, do you? endobj We will equip you with the knowledge required to prevail. (4,ro; What books on the diagnosis or treatment of [conditions diagnosed] are in your personal library? 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! Who asked you to this talk between yourself and Mr. Fox? Your job as his doctor, was to try and make him feel better? It is certainly not possible with every doctor, as some may have developed steadfast views against our product before we even serve the Notice. State in a loud, clear voice that the deposition is beginning. You were served with a subpoena asking you to bring a number of items to this deposition, werent you? endobj Nailing your deposition is tall order. Do you know how many millions of documents [company] has produced in this case? 9 0 obj Depositions usually in the office of an attorney. 0000001672 00000 n If your attorney does object, immediately stop your answer and listen to the objection carefully. Other than having the doctor introduce themselves as a physician who participated in the care and treatment of the plaintiff, why would you go any deeper at the beginning of the deposition? Will the doctors, hospitals and other medical facilities wait for payment if I am unable to pay my bills as they are incurred? Your attorney may object simply for the record and then tell you to go ahead and answer the question; or he may object and instruct you not to answer. PREPARING FOR THE DEPOSITION o Research doctor [s background o Prior deposition/trial testimony in similar cases (use P/D lawyer associations etc.) Name professional address>plaintiffs doctor? As a medical malpractice defendant. Ever limited in scope? 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For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. Butler Snow LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 0000003549 00000 n These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. 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? The defendants lawyer will specifically ask if the following are present now in the room. Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. trailer Over time, however, we have adapted. Who has possible access to computer terminals that can enter or change data in the file? If witness has not brought any item: 0000005790 00000 n demonstrative, then itemize the comorbidities on a piece of paper as the doctor identifies each item as clinically significant. 52-148d. Arguably, some of the most important testimony in a pharmaceutical or medical device case comes from the treater, prescriber or implanting physician. 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. You may learn something about how the question could appropriately be answered from the objection. On both of those cases, I have already deposed and videorecorded the treating surgeons. 15 0 obj What documents did Mr. Fox show you, and what documents did you show Mr. Fox? Is that correct? Lets discuss why. Discuss [] Bills for services to Mr. Fox or his legal firm? [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? endobj Name - professional address >plaintiff's doctor? 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. What to ask in the treating doctors deposition. But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it? QUALIFICATIONS 1. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). <> Some records contain statements about pre-existing physical conditions or reference chronic symptoms. Challenging a Treating Medical Provider's Opinions Based on a False Factual Premise . 1. 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. endobj Meet the treating doctor before the direct examination. This analysis can be seen in most soft tissue cases. So in basic terms, a finding is something the doctor can see for himself, and a symptom is something the doctor is told exists? Hq'&F&'  a. When did you (including anyone in your clinic/medical organization) first examine John Jones after the accident of D/A? 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 Both sides now approach the corporate deposition with a newfound appreciation of what is at stakeand the best attorneys plan accordingly. 0000005060 00000 n Roughly 200. Doctor, do you believe your care for [plaintiffs name] and the procedure you performed for him was medically reasonable and necessary to a reasonable degree of medical probability? 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. Effect in future(1) earning ability(2) activity: walking, climbing, kneeling etc(3) family life/activities(4) loss of enjoyment of life: pain/discomfort3. If the case value warrants treater depositions, then the next step is to review those treaters records to ascertain if any favorable testimony is anticipated. Ever had treatment for chemical dependency? That is what the medical record is for. Some treaters will testify that they cannot answer how the accident affected the pre-existing injury, which is useful to defense 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. So even if the person isnt consciously increasing their pain, the end of a lawsuit may be a source of relief of tension and pain? What did it accomplish? Do you have a copy of the transcript of your testimony? Notice of taking of deposition. This form is for the defense to use in examining the plaintiffs treating doctors. Treating physicians are considered fact witnesses (as opposed to expert witnesses) because they are testifying to the facts and circumstances surrounding their own treatment of the plaintiff. Did the deponent bring an electronic copy of the file also? 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. sample deposition questions for plaintiff. Attorney's checklist for evaluating cases. 2. 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. 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? Without speaking to the treating physicians, the life care planner may lack a full understanding of the plaintiff's injuries and care needs. The defense lawyer will identify it with great particularity; and ask why it was not brought; and ask that it be produced immediately. Would your opinion change if you knew that ___________? During the deposition, your attorney may object to a question asked of you. Since the deposition, you have not seen any company documents? All of the other students in the first-year medical class. 3. Special qualifications seeCV if any1) publications/honors/societies, B. _Y>#Bx/:]jy H1Gg t0v]ge vKe!x8HJe^GL)4Dz:Js wKen~^xm]v\p&0CLjWhvw`A^//OU&w\%.2k|rql;)hV:z,t`wr#ps#n%#vflnfkaea]NcV1 _cr.xrvB#6x#Ez|c$}a. x\on?},\shzmQ-D}gf$ 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 Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. 1 0 obj % And you also need to examine the patient to determine what continues to hurt them? The deposition of the defendant physician is the crucial turning point of your medical negligence case. They did not invite any of the recipients of the documents to attend? 1. Other than medical reporting, the workers' comp deposition is the main way for the insurance company to learn about the worker's injury. The Carlson Law Firm, PC . A deposition is a process whereby witnesses provide sworn evidence. Testify by deposition or trial in the suit? The injured worker's deposition is the most important deposition taken in a workers' comp case. endstream What conclusions, opinions did you reach and what do you intend to testify to at trial? PREPARING FOR DEPOSITIONS A. Depositions as Part of an Overall Discovery Plan 1:50 Reviewing the Case 1:51 Establishing Goals 1:52 Preparing an Outline 1:52.1 Practice Tip: When Making a Deposition Outline, Should You Write Out Every Question? 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. 18 0 obj All files and records regarding this lawsuit, including all correspondence between the doctor and any person, firm, company, attorney, or organization relating to this suit or the injuries of John Jones. 14 0 obj Likewise, they did not show the doctor any of the corporate testimony involving drafters of the documents, emails or memos that may have shed some light on what was said, when it was said and why it was said. What was the primary purpose of [plaintiffs name] seeing you? This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. Professional experience 5. Did you actually review x-rays or tests yourself? 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. You performed a [L4-5 discectomy and decompression] procedure for [plaintiffs name] after more conservative care failed to help his [back] pain? Profession/specialty3. 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. These can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and physical therapists. We will highlight the basic format of a deposition, along with many of the tricks and tactics often used by deposing attorneys. 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?
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