0000003470 00000 n The purpose of going through this exercise is twofold. Make an outline or a list of each and every test and what it is for. OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc. <> Below is a general outline that I use. endstream endobj 695 0 obj <>stream endobj When the deposition is complete, you will be asked whether you would like to review the deposition transcript when its completed or whether you are willing to waive that right. J&zXLEn& "( [2mf#'cwvm/*Uz/MealffAc,sX19 v @@;@R`q9 9b But it doesnt mean we shouldnt try. Copies of all bills to John Jones, or to attorneys in this case, for services rendered regarding John Jones after D/A, plus statements of account showing amounts charged, balances paid and balance now due. The deposing attorney may invite assistants, including consulting physicians, nurses, or paralegals to help them in analyzing the testimony and framing questions. My fee if I am called to testify is $3000/day. This proactive tactic leads to better settlements for the plaintiff. Examined plaintiff? For the jury, I want to shift gears and lets finally talk about what you know and what you were asked to come here to talk aboutyour records and your care and treatment of [plaintiff]. Be confident. endobj 166 0 obj <> endobj Many physicians wonder if they have a choice to participate when it comes to a deposition. endobj 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. 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. Can you walk us through the procedure you did to help [plaintiffs name], please? What did it accomplish? 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. The use of depositions at trial, particularly videotaped ones, has become increasingly common. When you see a patient for the first time, you want to know the history? How long engaged in practice? 0000001907 00000 n He can be reached at ddesantis@alderlaw.com. Your email address will not be published. The court reporter's role is to administer an oath or affirmation and then transcribe verbatim every comment made in the room during the deposition. 96. cross examination of treating physician. /Filter /FlateDecode This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. 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. What are they? If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. No. 1. 0000000016 00000 n 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. M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 And you also need to examine the patient to determine what continues to hurt them? _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. 17 0 obj DEPOSITION FEE SCHEDULE/ MEDICAL FEE SCHEDULE 9080 Post RD Suite 200 Las Vegas, NV 89148 (702) 739-4263 Phone (877) 739-3590 Fax DEPOSITIONS-: 99075 $1,100/HR (If travel is needed cost may vary) REVIEW OF MEDICAL RECORDS- 99199 $275 per 15 min incr. At the end of the first examination, did you make a diagnosis? I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. We'll outline 16 "best practices" that are critical to your success. The settlement style of large and conservative insurers. What they ask you to do? 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? Board of Medical Specialties (www.abms.org) and determine whether the opposing expert has been board certified in her claimed specialty. Taking of depositions. 22 lowballing techniques used by unscrupulous insurance adjusters. What did you do? 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. In the present study, an . 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. endstream Any self limitations on type of practice? Why video-record your clients treating doctors deposition. Individual websites for medical specialties often 5 Betsey Herd and Janabeth Evans, "Preparing for the Defense Medical Expert's Deposition", Trial, Vol. 98. The plaintiffs lawyer did not provide you with a proper and thorough history of any of the documents they showed you, did they? Virginias Data Privacy Law Just Went Into Effect What You Should Know. A treater who sees a claimant only once or twice may not be worth the litigation expenses because he is not a significant treater. By now, before any substantive shots have been fired, you will have established that the corporate documents were not only shown out of context but also that they have nothing to do with the plaintiffwhich is why the doctor is here. Names of parties? Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. This analysis can be seen in most soft tissue cases. Ask the doctor to sign it before you mark it as a separate exhibit. Cross-Examining Doctors: A Practical Guide, Second Edition explains step-by-step how to: Investigate the case thoroughly and promptly. Discuss [] 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. 0000005790 00000 n And all caused from the subject incident from [date of loss]? 1. Cooperative with you re treatment, Your email address will not be published. J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp Have you and Mr. Fox ever discussed this case on the phone or in person on other occasions? Did they discuss with you any internal company documents? 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. Your job as his doctor, was to try and make him feel better? Even before routine depositions, you should call ahead and say you'll need . 2d 182, 186 (Fla. 3d DCA 2005). As an expert witness. Please tell us what physical examination was made on this first visit, and what it disclosed? C. REFUSAL TO MEET 1. In a personal injury case one of the most important witnesses is the treating doctor. 4. What medical history was obtained from John Jones? So why do it at the beginningbefore you know what they are going to say? %PDF-1.4 Sec. A. The treater is going to testify that the occurrence caused the injury, that there was no pre-existing injury and the injury is permanent. D/A refers to the actual date of the accident, e.g., January 12, 2010. <> As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. Name - professional address >plaintiff's doctor? Tell us some of the things that you cannot predict with certainty about John Jones? The surgeons testimony will be crucial to a plaintiffs claim for causation and damages. 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. Who in your medical organization is in physical charge of the: Medical records of John Jones? Permanent injury?2. Can you tell the jury about your educational background? 7 Id. <> 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. INDEPENDENT MEDICAL EXAM (TREATING PHYSICIAN)-:99455 $1000 INDEPENDENT MEDICAL EXAMS (NONTREATING PHYSICIAN)-:99456 $1250 (LETTER In coordination with the initial diagnosis, were there consultations with other doctors? Were they lawyers retained by the plaintiff in this litigation? Now you know why. Plaintiffs 213F disclosures will contain the treating physicians that plaintiff intends to call at trial. Ask the court reporter if s/he is ready. 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? C. Cannot depose Independent Medical Examination Doctor or treating doctors, in the absence of special circumstances. 9. What was your diagnosis of Johns problems when you last saw him? See Appendix C. How the questions are phrased, in what order the questions are given, and what topics are covered is going to vary for each case. Hospital privileges ever denied? Over time, however, we have adapted. as an individual exhibit. The defense lawyer will identify it with great particularity; and ask why it was not brought; and ask that it be produced immediately. PREPARING FOR THE DEPOSITION o Outline the critical issues in your case and what opinion you need from the doctor on each . Tell us about your medical background, starting with medical school. As a treating physician. Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? You are not there to be an expert witness and likely have not properly reviewed the subsequent physicians records. Will the doctors, hospitals and other medical facilities wait for payment if I am unable to pay my bills as they are incurred? 4 0 obj As a medical malpractice defendant. Check. 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. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). Now, is [procedure] something that patients get right away or is it a last resort when someone is in pain? L 3410 Far West Blvd., Ste 235 . Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked. Were you paid, or are you to be paid, for that time, by Mr. Fox? Did you personally review x-rays or tests that you relied on? 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. 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. Build a Morning News Brief: Easy, No Clutter, Free! Daniel DeSantis is an attorney at Alderlaw, PC in Los Angeles, where he primarily practices personal-injury law. 0000009006 00000 n Does Mr. Fox or his office refer patients to your office? Deposing a plaintiffs treaters should be on a case by case basis. <> 2. What attorneys tell their clients at the first meeting. between counsel for the plaintiff and the doctor before the first question is asked under oath. Should you fail to appear, the defendant may petition the court for recovery of any expenses incurred as a result. 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? endobj One of the most effective ways to attack a treating physician's opinions under Daubert is when those opinions are based upon an incomplete, if not outright wrong, understanding of the plaintiff's pre- and post-accident medical history. And then on top of those two things, that is when you look at an MRI to correlate all the findings together? When a patient sues for malpractice, the patient's attorney will take the defendant physician's deposition. Q. State in a loud, clear voice that the deposition is beginning. Did you actually review x-rays or tests yourself? ?4bm9MQFc:=R%`h0QO1{W~}Cxw1# 4Dzu[Zd.6/|D`^m^ :7 Every deposition has an errata sheet, on which you can correct any errors to your testimony. 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? 52-148c. If witness has not brought any item: These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. <> Who do you compete against for this award? The witness was then provided additional medical records after deposition and before trial, with no . So in basic terms, a finding is something the doctor can see for himself, and a symptom is something the doctor is told exists? 0000036741 00000 n Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. Conclusions reached: x rays, medical illustrations etc, 1. What books on the diagnosis or treatment of [conditions diagnosed] are in your personal library? 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 If the records do not reflect a causal link, then the physicians opinion as to your product or device should be consistent. Identify by name and connection to the case, everyonewho is in the room. This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. Profession/specialty3. Code of Civil Procedure section 2025.330, subdivision (c) states in part: The party noticing the deposition may also record the testimony by audio or video technology if the notice of deposition stated an intention also to record the testimony by either of those methods, or if all the parties agree that the testimony may also be recorded by either of those methods. Hq'&F&' So, that oath you took when you became a doctor, to help your patients as best you can, applies to [plaintiffs name]? Did plaintiffs counsel say or suggest we were invited but did not show up? However, providing prior records risks transforming the non-retained treating physician into a retained expert. Also, during a break in the deposition, do not speak with anyone other than your own counsel. 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. Have you ever been contacted by an attorney who represents the plaintiff in [current] litigation? When was the paper printout made from the electronic file? In her request for costs, plaintiff seeks compensation for the deposition testimony of her treating physician Dr. Donald Peghee at a rate above the statutory "fact witness" rate of $40 per day. I want to ask you about some defense opinions in this case, OK? We met for the first time today when I introduced myself to you in advance of this deposition, correct? hbbd``b`$[AO The long deposition submerges any flashes of good testimony for the plaintiff in a mass of detail. Before this deposition, did you meet with the attorney for John Jones, Mr. Fox? treating physician deposition california. The defendants lawyer will check to be sure that the doctor brought. 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? It is certainly not possible with every doctor, as some may have developed steadfast views against our product before we even serve the Notice. 11 0 obj In addition, we will leave you with ten points to remember should you ever be deposed. 3 0 obj 2. Where do the bills stand right now for everything for [plaintiffs name] your care, the [procedure], the surgery center? Checklist of items to maintain and bring in. Did you try to separate out how much of John Jones condition might be due to his own failure to follow medical directions? And in that situation, the pain generator is the incident and not the degeneration? Dr. _____, where is your practice located. 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. Did you disclose those to [plaintiffs name]? )f^_,FNfP\!vL*\UIQ@ /p0933L\>cK;S$ W=T3-uDA8$[S'Gb/@b)_ePdH) wF~0K^zE/=2Z\ M(%Lb&X&g+|yY\3+$_ >Km-F?P(S2::EGG(ax@hF( 2. It is a type of deposition intended to have a witness' testimony used in a trial in lieu of their live testimony It is sometimes called a preservation deposition The parties typically videotape it Generally, the person's testimony is not used for discovery purposes It can be used to secure an expert witness' testimony 0000010167 00000 n (1) nature/expense reasonable probability4. 0000030483 00000 n Always ask whether the doctor has given testimony before. In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. This point has significance for the diagnosis or treatment of John Jones, doesnt it? To help you gain the upper hand with even the most persuasive compulsory medical examiners, this valuable book: Offers strategy and tactics based on decades of experience with doctors, Provides medical information on the injuries you are most likely to encounter within each specialty, deposition of pain management doctor. What physical examination was made and what were the findings? Principle among these is the fact that the treating physician has a physician-patient relationship with your client. endobj 1. <> Professional experience 5. endobj Even without expert testimony, the plaintiff's case should be made with the defendant's deposition. New Jersey Personal Injury Attorneys | Serving Monmouth County, Ocean County, and Middlesex County. 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? 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? Was John Jones referred to you by Mr. Fox [the attorney for the plaintiff]? What does your practice of (orthopedics) involve? For example, on a letter, who has possible access to edit the copy? Future treatment required? All of my outlines are very simple and basic. 52-148d. 2 0 obj 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. Without speaking to the treating physicians, the life care planner may lack a full understanding of the plaintiff's injuries and care needs. Board certified? This line of questioning would generally fall into those reserved traditional outlines. They are used to gather pretrial information, specifically to discover what a witness may know and to preserve that testimony for later use in court. Since medical malpractice depositions are an essential part of discovery, your attendance is mandatory. Oral or written report? I was not invited to this talk between you and Mr. Fox, was I? Sec. Ask whether it was an an expert for plaintiff or defendant ii. 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. <> 0000009060 00000 n <> What is your occupation? Education(1) board certification/significance4. 0000064012 00000 n Fittipaldi USA, Inc. v. Castroneves, 905 So. 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. Learn the medical issues, terms, and applicable standard of care. Names of attorneys? 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? What did suit involve? 0000005060 00000 n You are being interviewed for the position of "defendant." Your own attorney is as much involved in that as the plaintiff's attorney
