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? a. He can be reached at [email protected]. What facts did you rely upon in making that diagnosis? 0000003085 00000 n Names of attorneys? _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. We will highlight the basic format of a deposition, along with many of the tricks and tactics often used by deposing attorneys. Follow his instructions and do not be intimidated by the examining attorney. Passed specialty board for the specialty practiced? Taking of depositions. Special qualifications - seeCV if any 40, No. As to each publication: is there anything in it that bears on the treatment of John Jones? Make an outline or a list of each and every test and what it is for. Cross-Examining Doctors: A Practical Guide, Second Edition explains step-by-step how to: Investigate the case thoroughly and promptly. A deposition is a process whereby witnesses provide sworn evidence. You performed a [L4-5 discectomy and decompression] procedure for [plaintiffs name] after more conservative care failed to help his [back] pain? endobj First, the attorney must know the file. 10 0 obj What effect can that prior injury or history have on the diagnosis of John Joness present condition? If they are numerous, authenticate and mark each individual medical record that identifies a history of infarctions, diabetes, smoking, noncompliance, etc. I use them as a reminder list to be sure I cover each point I need to cover. Plaintiffs lawyers and seasoned doctors are expecting the same old, same old when it comes to questioning. Sec. Every case and set of circumstances is different. They know what future treatment they recommend and why. 4 0 obj First, some of the treaters in Cook County are well known to all defense counsel and insurance carriers. Pre-payment is required for all services. 0000003806 00000 n Who has possible access to computer terminals that can enter or change data in the file? Do you have a copy of the transcript of your testimony? Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. When did you (including anyone in your clinic/medical organization) first examine John Jones after the accident of D/A? If it is maintained as an electronic data file the lawyer will ask: When you were asked to testify about John Jones, did you have an independent recollection of John Jones, or did you have to review your medical records? 1 0 obj TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. If a party is fully aware that the treating physician's role could be that of an expert, they are on . Id like to stipulate to the admission of the surgical report for all purposes including trial? Permanent injury?2. startxref Were there any consultations with other doctors? i. The surgeon is also the treater who will give any future medical treatment testimony or opine to future surgeries. The purpose of going through this exercise is twofold. 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. hbbd``b`$[AO 12 0 obj What is your occupation? Effect in future(1) earning ability(2) activity: walking, climbing, kneeling etc(3) family life/activities(4) loss of enjoyment of life: pain/discomfort3. 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. Trust your lawyer to monitor your stamina and coherence. 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 9 most common personal injury case weaknesses. Opinion re plaintiff honest or exaggerated/fake2. Many physicians wonder if they have a choice to participate when it comes to a deposition. Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? A treater who sees a claimant only once or twice may not be worth the litigation expenses because he is not a significant treater. 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. 0000010560 00000 n What does your practice of (orthopedics) involve? Did you try to separate out how much of John Jones condition might be due to his own failure to follow medical directions? The defense attorney will identify on the records all exhibits that doctor has brought. 0000010167 00000 n Weathington counsels his EP clients to use their medical knowledge as a "home base" during depositions. Ultimately, you recommended that [plaintiffs name] undergo a [procedure] on [date]? And all caused from the subject incident from [date of loss]? endobj Medical Deposition Outline for Injury Case MEDICAL DEPOSITION **Put objections on tape Qualifications of doctor Name, profession and address License to practice in State? Alarm fatigue is a safety and quality problem in patient care and actions should be taken to reduce this by, among other measures, building an effective safety culture. 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. In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. All of my outlines are very simple and basic. <> Why? Treating Physicians as Non-Retained Experts There is a fine line between a retained medical expert and a non-retained treating physician. I agree to be emailed to confirm my subscription to this list, A direct examination outline of a treating doctor. What was the primary purpose of [plaintiffs name] seeing you? 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 The contrasting approach of more reasonable mid-sized insurers. As a defense lawyer, it is important that you are aware of conversations, meetings, teleconferences, communications, etc. Dan Christensen . a. Conclusions reached: x rays, medical illustrations etc, 1. 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. 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. Or, at least it should be. They certainly did not show them the documents or timeline surrounding whatever issues were discussed or referenced therein. What was content of report?). The preparation and effort expended in this deposition determines the defendant's assessment of the case. 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 . To do no undue harm to your patients and help them the best you can? This proactive tactic leads to better settlements for the plaintiff. 0000030483 00000 n 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! Was John your patient or of your clinic/medical organization before D/A? Mr. DeSantis is a 2017 graduate of the Consumer Attorneys Association of Los Angeles Trial Academy. 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. However, because of the prohibition on ex parte discussions, defense counsel must take the deposition "cold," i.e., without any advance knowledge of what the doctor is going to say. Before whom depositions may be taken. Generally the defense gains an advantage in the deposition of a plaintiff's treating doctor by making the examination, long, detailed, and boring. %PDF-1.5 What was your testimony about? You did not ask for the documents that you were shown? Should we, as practitioners of one of the other learned professions, likewise move out of our comfort zones and embrace changing practices, thoughts or ideas? Over time, however, we have adapted. In addition, we will leave you with ten points to remember should you ever be deposed. A treating physician should also never give an opinion regarding another physicians medical care while being deposed. These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. 6 Id. 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. Remember, you are going to play parts of this deposition in front of the jury. Why won't the insurance company for the person or company who caused my injuries automatically pay my medical bills as they occur? What is your understanding of why the attorney contacted you? ,:o+Ll#esN` cross examination of treating physician. Q. Do you consider those to be reliable authorities for you to consult? My fee if I am called to testify is $3000/day. 0000063781 00000 n Cane/walker/brace/cast why & for how long. Offering such an opinion will leave you open to impeachment at trial. Additionally, there may be other participants involved as well. Inherent in this phrase is the understanding that physicians, as part of their work, must stay up to date with the evolving practice of medicine. Did they show you any scientific literature? So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) 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. Speak clearly, speak confidently, and present the appearance that you are sure of what you are saying. endobj Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. 2. 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