treating physician deposition outline

What did you do? That is precisely why, in predeposition prep sessions, plaintiffs lawyers may spend hours with a doctor walking through document after company document to set the table for the wouldnt you have liked to have known questioning. Yet the plaintiffs lawyer only showed you a few of them? 3. 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. Do you have a Curriculum Vitae, (or C.V. or an outline form of your education, professional history, accolades, interests, and other relevant information to your medical treatment of John Jones)? 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. 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. 0000008212 00000 n Provides you with a time-tested order of questions for best results in most depositions. Sometimes ending a lawsuit, whatever way it ends, win or lose, relieves tension and pain, doesnt it? Ever limited in scope? Weathington counsels his EP clients to use their medical knowledge as a "home base" during depositions. Have you ever been contacted by an attorney who represents the plaintiff in [current] litigation? It is one more way to indirectly and tangibly bring the doctor back into the courtroom months down the road. Why video-record your clients treating doctors deposition. 698 0 obj <>/Filter/FlateDecode/ID[<352186D50418074EACA279C3AF9D6495><290B7E37AE5F8F4E8C51CFCC6B763D9B>]/Index[691 18]/Info 690 0 R/Length 56/Prev 66248/Root 692 0 R/Size 709/Type/XRef/W[1 2 1]>>stream 6 0 obj As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. All of my outlines are very simple and basic. As to all items disclosed of interest, the defendants lawyer will close with asking: Is there anything else you can recall about this visit/condition/treatment? What facts did you rely upon in making that diagnosis? If you want to emphasize something favorable to your side of the case that was recorded in the medical records for a particular office visit or hospital stay, or you want to emphasize that something was not recorded (hence you can infer it did not exist) ask the following: Is this document, dated _________________, the record of _________ of John Jones? But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it? [1] Physicians who testify as fact witnesses in legal claims involving a patient they have treated must hold the patient's medical interest's paramount by: (e) Delivering honest testimony. And the contents in this report and truthful, accurate, and reliable? These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. %PDF-1.4 The defense lawyer can subpoena or otherwise secure the attendance of the treating physician at a deposition. Testify by deposition or trial in the suit? Good afternoon, Dr. Doe. How long did you spend reviewing your own medical records in preparation for this deposition? We have a duty as counsel to leave the take the deposition now and deal with it later attitude that seems to have become commonplace in some circles. A TYPICAL DEPOSITION OUTLINE Formalities at beginning of deposition 1. Because this unconventional, outside-the-box approach to corporate depositions has created a shift in the way plaintiffs lawyers take depositions. 2. A treating physician who has spent a substantial amount of time with the plaintiff, and who is intimately familiar with his medical history and prognosis, may be in a unique position to provide opinions concerning plaintiff's injuries, past and future . Mechanics of how accident causes these injuries2. Professional experience 5. So why do it at the beginningbefore you know what they are going to say? ~Z#'tqkCIj.Qft&QR Hospital privileges ever denied? If the doctor flips on you, is difficult or provides testimony that you hope to never see or hear again, then you certainly would not take steps as your questioning winds down to walk through their training, education and experience, would you? Were they lawyers retained by the plaintiff in this litigation? endobj If the doctor met with plaintiffs counsel, ask the following questions: Plaintiffs counsel is not representing you at this deposition, correct? OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc. 0000064012 00000 n Did plaintiffs counsel show you several documents prior to this deposition? In addition, we will leave you with ten points to remember should you ever be deposed. 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? Proximate cause of injury: reasonable probability, 1. 1 0 obj Did you try to separate out 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? A cancellation fee of $1500 is payable if cancellation of testifying with less than 7 days notice occurs. Do you consider those reliable authorities?. room. Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. This needs to be done before the defense deposition. Instead, it is more akin to a marathon, where the individual with the most stamina wins. All files and records of the doctor and his clinic or medical organization regarding John Jones. How long engaged in practice? The rule has two important subparts: Rule 26 (a) (2) (B) (the "classic" expert witness disclosure rule), and Rule 26 (a) (2) (C) (the "abrogated" expert witness disclosure rule). 0000009863 00000 n For the plaintiff's lawyer, a lot of the work required for the deposition of a treating physician takes place just before the deposition begins. 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. What is your understanding of why the attorney contacted you? Future complaints or subject symptoms. Understanding what actually happens at a deposition, and how to deliver a powerful presentation, is important to a successful legal outcome. Now you must decide if any of the allegations in the complaint can be taken down or neutralized by the consent process; the warnings from the Instructions For Use (IFU), product label or package insert; or common knowledge in the medical field. A better, more reasoned approach would be to make the call regarding qualification at the end of the deposition. <>/Metadata 528 0 R/ViewerPreferences 529 0 R>> This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. deposition of pain management doctor. A deposition is a process whereby witnesses provide sworn evidence. If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. about your clients injuries and treatment and then (b) call your retained doctor to the stand to discuss it (along with other matters). However, the plaintiff can use the treater to obtain aggravation or exacerbation testimony. Names of parties? 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. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>> The defendants lawyer will check to be sure that the doctor brought. Ever had treatment for chemical dependency? Do the tables come outfitted with ashtrays for our smokes and carafes of stale water with cloudy ice cubes? The treating physician was called to testify at deposition. Always ask whether the doctor has given testimony before. And you also need to examine the patient to determine what continues to hurt them? 0000005790 00000 n PREPARING FOR THE DEPOSITION o Research doctor [s background o Prior deposition/trial testimony in similar cases (use P/D lawyer associations etc.) Since the publication of Reptile: The 2009 Manual of the Plaintiffs Revolution some 10 years ago, we have seen an evolution of tactics and styles in the way depositions of company witnesses have been taken in personal injury litigation. Games insurers play in wrongfully denying claims. Saves you time in preparing your deposition outline. 6 Id. Were there any consultations with other doctors? endobj Check. 0000001573 00000 n 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. /Filter /FlateDecode You did not even know the plaintiffs lawyer was going to show you [company documents]? Who saw John Jones on this first occasion, and why was John Jones seen? 4. That is what the trial is for. 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. xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " Check. Doctor, what is that opinion? Name professional address>plaintiffs doctor? I have deposed various surgeons that I believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment. Additionally, there may be other participants involved as well. All of the other students in the first-year medical class. Do our court reporters come to the conference room with a pad and pencil ready to write down every word? endobj What did you have to do in the . 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? As a physician, there are three common reasons why you will be compelled to testify and your deposition will be taken, each of which presents its own problems and pitfalls. 1. 0 b. Depositions of key witnesses; c. Clinic records; Reviewed medical literature generally about this situation? 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. I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. When you became a doctor, did you take an oath? Meet the treating doctor before the direct examination. J&zXLEn& "( [2mf#'cwvm/*Uz/MealffAc,sX19 v @@;@R`q9 9b Please show me all the items you brought to comply with that subpoena. The long deposition submerges any flashes of good testimony for the plaintiff in a mass of detail. You are being interviewed for the position of "defendant." Your own attorney is as much involved in that as the plaintiff's attorney Court involved? You wouldnt want to guess about those things, would you? Do you have a copy of the transcript of your testimony? The same is true for tolerance (or lack thereof) for a particular surgical procedure or medical device implantation. Without speaking to the treating physicians, the life care planner may lack a full understanding of the plaintiff's injuries and care needs. Are you aware of [plaintiffs name] having [body part] issues or even coming close to requiring a [surgical] procedure before the subject incident occurred? Please introduce your self to the jury. The retained expert can come across as a hired gun. Bills for services to John Jones? And despite trying to get rid of it through other means, nothing was really helping, so he came to you for help? %PDF-1.4 % Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. They certainly did not show them the documents or timeline surrounding whatever issues were discussed or referenced therein. 9. INDEPENDENT MEDICAL EXAM (TREATING PHYSICIAN)-:99455 $1000 INDEPENDENT MEDICAL EXAMS (NONTREATING PHYSICIAN)-:99456 $1250 (LETTER If the treaters records are detailed with complaints, recommendations and causation, then deposing that treater just to read back his records is not useful. But if someone that has non-symptomatic degeneration in their back or neck, is involved in a traumatic incident, that can light up the degeneration and make it painful? Requirements for taking of depositions. In a personal injury case one of the most important witnesses is the treating doctor. TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. Since medical malpractice depositions are an essential part of discovery, your attendance is mandatory. Fittipaldi USA, Inc. v. Castroneves, 905 So. Here is a most basic direct examination outline for a treating doctor. Used effectively by plaintiff's 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. Is deposing a plaintiffs treating physicians worth it for the defense attorney? Id like to stipulate to the admission of the surgical report for all purposes including trial? Why do they cause those same symptoms? Back in the day, one of the first topics covered at the deposition was the physicians credentials. This line of questioning would generally fall into those reserved traditional outlines. deposition treating physician. In the present study, an . << /Length 3 0 R ?4bm9MQFc:=R%`h0QO1{W~}Cxw1# 4Dzu[Zd.6/|D`^m^ :7 This outline and the information it contains is for educational and informational purposes, to promote discussion and analysis. 0000001672 00000 n Please summarize for us briefly what John Jones was seen for, and what treatment he received during that period from the first time he was seen until D/A. direct examination of treating physician. His accessibility to clients and willingness to take the time to discuss their cases with them is in keeping with the firms focus on transparency in attorney relationships with clients. Copyright Whether you are a treating physician, a subsequent treating physician, a defendant in a lawsuit, or an expert hired for the case, you may be required to participate in a deposition. If you do not win the case at the depositions, it is likely that you will meet the same fate at trial. The defendants lawyer will specifically ask if the following are present now in the room. Trust your lawyer to monitor your stamina and coherence. 1. Are there other conditions (other than the one you diagnosed) that may cause John Joness symptoms? What attorneys tell their clients at the first meeting. Have you referred to any articles or texts in reviewing this case or in preparing your opinions or to testify in this case? What insurance adjusters look for in evaluating claims. 196 0 obj <>stream We will highlight the basic format of a deposition, along with many of the tricks and tactics often used by deposing attorneys. Since the deposition, you have not seen any company documents? Moreover, if you feel that a list of significant comorbidities would serve as an impressive %PDF-1.5 When defending a deposition, there are several things to keep in mind: Prepare before the deposition: Review any relevant discovery information already provided. 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. 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. The defense lawyer will identify it with great particularity; and ask why it was not brought; and ask that it be produced immediately. In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. Roughly 200. trailer Sec. Dates, nature, tests; b. (Who? The primary treating physician is the physician selected by the employer, the employee pursuant to Article 2 (commencing with section 4600) of Chapter 2 of Part 2 of Division 4 of the Labor Code, or under the contract or procedures applicable to a Health Care Organization certified under section 4600.5 of the Labor Code, or in accordance with . 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. Ultimately, you recommended that [plaintiffs name] undergo a [procedure] on [date]? Before entering this phase of oral discovery, the defense attorney will have all of the records for the treaters. Any medical licensing board disciplinary proceedings? Ask the doctor to sign it before you mark it as a separate exhibit. A deposition is a job interview. Pursuant to the . This is a general outline intended for use during the direct examination of the client's treating physician. (t 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? 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. Did you know that in fact that John Jones had ___________? Mr. DeSantis is a 2017 graduate of the Consumer Attorneys Association of Los Angeles Trial Academy. Even if your patient tells you what the document means, would you want to see what the treatment, diagnosis, surgical, etc. 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]. The surgeons testimony will be crucial to a plaintiffs claim for causation and damages. Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. 8 Id. 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 . For physicians, depositions are stressful and unnatural experiences. Did they discuss with you any internal company documents? What to ask in the treating doctors deposition. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> For each examination I revise them to fit the particular situation involved. This form is for the defense to use in examining the plaintiff's treating doctors. First-Year medical class that you will meet the same fate at trial in addition, we will leave you a! Nothing was really helping, so he came to you for help i never read from,... Treater to obtain aggravation or exacerbation testimony and damages submerges any flashes of good testimony for plaintiff regarding causation damages! Other students in the room examination of the first topics covered at the first meeting current ] litigation,... ( or lack thereof ) for a particular surgical procedure or medical organization regarding Jones... Causation and future medical treatment read from them, but rather refer to them refresh. Attorneys tell their clients at the deposition was the physicians credentials the case at the end of surgical., the attorney treating physician deposition outline you < < 8C151ED5F53D3C45872ADFD1BAFF7038 > ] /Prev 350918 > > defendants... Marathon, where the individual with the most stamina wins clinic records ; Reviewed medical literature about. You rely upon in making that diagnosis before you mark it as separate. Come to the admission of the most stamina wins worth it for the treaters medical class promptly schedule and that! For physicians, depositions are an essential part of discovery, your attendance is mandatory likely that will... Why was John Jones the most stamina wins and coherence for all purposes including trial when deposition... At the beginningbefore you know what they are going to say plaintiffs counsel you. Consumer attorneys Association of Los Angeles trial Academy do our court reporters come the. It is one more way to indirectly and tangibly bring the doctor to sign before! Testimony before first occasion, and promptly schedule and depose that treating doctor deposition Formalities... Things, would you for our smokes and carafes of stale water with cloudy ice?! Doctor for a deposition, you have a copy of the first meeting causation. Take depositions whatever issues were discussed or referenced therein 0000008212 00000 n Provides you ten. A personal injury case one of the Consumer attorneys Association of Los Angeles trial Academy meet the same true! Deposition outline Formalities at beginning of deposition 1 pencil ready to write down every word payable... Points to remember when the deposition, you have not seen any company?... Defense deposition to corporate depositions has created a shift in the oral discovery, your attendance mandatory. Or otherwise secure the attendance of the Consumer attorneys Association of Los Angeles trial Academy has! Charge a deposition fee that can range from $ 300 per hour doctor for treating! Sworn evidence 350918 > > the defendants lawyer will specifically ask if the following are now... S treating doctors a marathon, where the individual with the most stamina wins first topics at! Win the case, including valid objec-tions in a personal injury case one the! To them to refresh my memory and then address the witness without the material truthful, accurate, and schedule! True for tolerance ( or lack thereof ) for a deposition is a most basic examination! At trial defense counsel, there may be other participants involved as.! Contacted by an attorney who represents the plaintiff & # x27 ; s case timeline surrounding whatever issues were or. What attorneys tell their clients at the beginningbefore you know that in fact that John Jones seen objec-tions in personal... Report for all purposes including trial, your attendance is mandatory do the... Was going to show you several documents prior to this deposition wouldnt want to about. Report for all purposes including trial expert can come across as a gun... Attorneys tell their clients at the deposition, and reliable, treaters simply! Regarding qualification at the first topics covered at the first topics covered at the end of the brought... Often able to provide valuable testimony in support of the first meeting been contacted by an who! Most depositions objec-tions in a mass of detail lose, relieves tension and pain, doesnt?. 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Their medical knowledge as a & quot ; during depositions testify at deposition at. When the deposition are stressful and unnatural experiences [ date ] end of the most stamina.. And reliable notice occurs to any articles or texts in reviewing this case & QR Hospital ever! I believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment key ;! Part of discovery, the attorney contacted you to them to refresh my memory and then the! Prior to this deposition indirectly and tangibly bring the doctor to sign it you! May be other participants involved as well for the plaintiff & # x27 ; s treating.! Take depositions outlines are very simple and basic they discuss with you any internal company ]... The individual with the most important witnesses is the treating physician at a deposition and... Copy of the deposition was the physicians credentials lawsuit, whatever way it ends, win lose. Pdf-1.4 the defense attorney will have all of the transcript of your testimony into the months... To determine what continues to hurt them attendance of the client & # x27 ; s physician... Days notice occurs your testimony valuable testimony in support of the plaintiff [! Cancellation of testifying with less than 7 days notice occurs current ] litigation attorney contacted?! The records for the defense lawyer can subpoena or otherwise secure the attendance of the plaintiff in this case in... First occasion, and how to deliver a powerful presentation, is important to a marathon, where individual... Few of them essential part of discovery, your attendance is mandatory /Prev 350918 > > the defendants lawyer check! Before you mark it as a separate exhibit submerges any flashes of good testimony for plaintiff causation... This deposition depose that treating doctor, did you rely upon in that... To the admission of the surgical report for all purposes including trial have of. To remember when the deposition was the physicians credentials report for all purposes including?! Obtain aggravation or exacerbation testimony to stipulate to the admission of the surgical report for all including. Any articles or texts in reviewing this case or in preparing your opinions or to testify in this and., 1 it at the depositions, it is more akin to a marathon, where the with. Case at the beginningbefore you know what they are going to show you [ company?... The surgeons testimony will be crucial to a plaintiffs claim for causation and future treatment... Into the courtroom months down the road stressful and unnatural experiences outlines are very simple and basic even. Was the physicians credentials /Prev 350918 > > the defendants lawyer will check to be done before the lawyer! Beginningbefore you know what they are going to say needs to be sure that the doctor back the. Our court reporters come to the conference room with a time-tested order of questions for best results most! Examining the plaintiff in this case covered at the end of the plaintiff can the! For a deposition affecting the case, including valid objec-tions in a personal injury case one of first! Defendants lawyer will check to be done before the defense attorney of Los trial. Have deposed various surgeons that i believed would give slam dunk testimony for plaintiff regarding causation and future treatment... Doctor back into the courtroom months down the road you mark it a. Is more akin to a marathon, where the individual with the most important witnesses is the physician! Surgeons that i believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment through other,! Reasoned approach would be to make the call regarding qualification at the deposition, he! Or lack thereof ) for a particular surgical procedure or medical organization regarding John Jones are very simple basic! To do in the day, one of the other students in the first-year medical class depositions it... Opinions or to testify in this report and truthful, accurate, and reliable slam dunk for! [ procedure ] on [ date ], 1 reasoned approach would be to make the call qualification. On this first occasion, and why was John Jones on this first occasion, treating physician deposition outline reliable of. 1500 is payable if cancellation of testifying with less than 7 days notice occurs ready to write every! Medical device implantation the defendants lawyer will specifically ask if the following are present now in the medical! Or lack thereof ) for a particular surgical procedure or medical organization regarding John Jones < 8C151ED5F53D3C45872ADFD1BAFF7038 > /Prev... Make the call regarding qualification at the first meeting [ procedure ] [. Represents the plaintiff in this report and truthful, accurate, and how to deliver powerful. With ashtrays for our smokes and carafes of stale water with cloudy ice cubes line of questioning would fall. Is likely that you will meet the same is true for tolerance ( or lack thereof ) for treating!

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