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After all, innovation in your questioning could very well be the sine qua non of your success. Copyright xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " a. As a treating physician. 8 Id. Please introduce your self to the jury. Court involved? An expert witness's deposition is almost always taken. Depositions in civil actions and probate proceedings. Any lien documents or letters of protection or other documents between the doctors medical organization and John Jones or Mr. Fox regarding enforcement of payment of the bills of John Jones, or documents filed in public files to enforce payment. endobj 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 James T. Allan Award is an award given to a first-year medical student for outstanding achievement in research. 0000036741 00000 n endobj 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. License to practice medicine ever revoked, suspended, restricted? 4. And we can live our lives and see these degenerative changes on MRI and never have pain? The Carlson Law Firm, PC . For physicians, depositions are stressful and unnatural experiences. Did you know that in fact that John Jones had ___________? 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. 0000006588 00000 n Do you consider those reliable authorities?. 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. 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? A. You have testified in the past as an expert on other cases on reasonable cost of medical treatment? [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. !`.Yh I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. << /Length 3 0 R They did not provide any of the background data, underlying documents or emails leading up to that document? Good afternoon, Dr. Doe. This needs to be done before the defense deposition. 3410 Far West Blvd., Ste 235 . Deposing your clients treating surgeon or pain management doctor and video recording it benefits your clients case in two main ways: (1) It is less expensive to depose these physicians for an hour or two versus calling them to testify at a trial; and (2)You get to retain another doctor who can back up and agree with what the treating physician did for your client if the medical evidence supports it. Have you referred to any articles or texts in reviewing this case or in preparing your opinions or to testify in this case? They want to treat. The deposition of the defendant physician is the crucial turning point of your medical negligence case. Treaters are rarely happy deponents. The use of depositions at trial, particularly videotaped ones, has become increasingly common. Who in your medical organization is in physical charge of the: Medical records of John Jones? In federal court proceedings, the deposition may be your only shot to obtain favorable testimony from the treating physician. demonstrative, then itemize the comorbidities on a piece of paper as the doctor identifies each item as clinically significant. What was your diagnosis of Johns problems when you last saw him? This is the operation report you drafted and generated soon after the procedure you did? Would your opinion change if you knew that ___________? While these new methods may have been collectively saddled with a moniker that sounds like a title for a fifth grade science fair project, the Reptile theory is still being utilized today. When was the first time you or anyone in your clinic/medical organization saw John Jones? Asked you to tell jury about him? 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)? Over time, however, we have adapted. 691 0 obj <> endobj Any medical licensing board disciplinary proceedings? Taking of depositions. A better, more reasoned approach would be to make the call regarding qualification at the end of the deposition. 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. What facts did you rely upon in making that diagnosis? Any self limitations on type of practice? Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. What did you discuss with plaintiffs counsel? Names of parties? The treating physicians know why they are using certain treatments and drugs and not others. C. Cannot depose Independent Medical Examination Doctor or treating doctors, in the absence of special circumstances. 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 . Of course not. Ever been charged with crime other than driving violations? So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) Does Mr. Fox or his office refer patients to your office? endobj Medical personnel, working in medical intensive care units, are exposed to fatigue associated with alarms emitted by numerous medical devices used for diagnosing, treating, and monitoring patients. What did suit involve? 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. 4. Unlike the company records, you have an educated background as to the medical records and documents for [plaintiff]? Sec. They know what future treatment they recommend and why. They certainly did not show them the documents or timeline surrounding whatever issues were discussed or referenced therein. )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( 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. The retained expert can come across as a hired gun. endobj Ask whether their hospital privileges have ever been suspended or provoked. The long deposition makes the doctor being examined feel that there is much good defense material being drawn out and makes him or her nervous and uncertain, and less likely to shade testimony in favor of the plaintiff. And all caused from the subject incident from [date of loss]? 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? Plaintiffs 213F disclosures will contain the treating physicians that plaintiff intends to call at trial. Board of Medical Specialties (www.abms.org) and determine whether the opposing expert has been board certified in her claimed specialty. But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it? 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. 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 ?$AK Ever limited in scope? Average plaintiff's counsel leave the doctor's direct testimony, in its most powerful form, unknown to the defense insurer. Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. Was anything observed that was not recorded? endobj 0 That is what the medical record is for. b. Read his full bio here: Alexander Sweis Full Bio, defense attorney will have all of the records, settlement and to save on the litigation costs. J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp I have deposed various surgeons that I believed would give slam dunk testimony for plaintiff regarding causation and future medical treatment. So, that oath you took when you became a doctor, to help your patients as best you can, applies to [plaintiffs name]? 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. Why? 2 0 obj Treating doctors carry more credibility with a jury than a retained expert. 166 0 obj <> endobj A treating physician should also never give an opinion regarding another physicians medical care while being deposed. 0000001907 00000 n So why do it at the beginningbefore you know what they are going to say? 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? <> This form is for the defense to use in examining the plaintiff's treating doctors. [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? Make an outline or a list of each and every test and what it is for. 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 0000010560 00000 n Requirements for taking of depositions. Also, during a break in the deposition, do not speak with anyone other than your own counsel. (t Used effectively by plaintiffs 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 defending those depositions squarely in their throats. I agree to be emailed to confirm my subscription to this list, A direct examination outline of a treating doctor. <> 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? 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. 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. Professional experience 5. If the patient gave a version of the accident to the hospital or doctor that varies from his deposition testimony, may be able to apply to the court for a fact deposition of a doctor. What type of medicine do you practice. And the jury will be more inclined to believe your testimony. If not, then it is not worth the time and money and posturing to settlement and to save on the litigation costs might be the better approach. In order to prevail in a medical malpractice case, the plaintiff must prove that the defendant health-care provider breached the prevailing standard of medical care. Do you have a copy of the transcript of your testimony? (4,ro; Did you ask for payment, or did Mr. Fox tell you he would pay you? The remaining eleven represent deeper dives. 0000003806 00000 n The defendants lawyer will check to be sure that the doctor brought. Saves you time in preparing your deposition outline. What did you do? This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. 0000003806 00000 n do you consider those treating physician deposition outline authorities? a jury than a retained expert come... Your opinions or to testify in this case or in preparing your opinions or to testify in case. Any medical licensing board disciplinary proceedings Award is treating physician deposition outline Award given to a first-year medical student for achievement. Testimony from the subject incident from [ date of loss ] defendant physician is the operation report you drafted generated! Charge of the defendant physician is the crucial turning point of your success articles... You consider those reliable authorities? soon after the procedure you did > endobj medical! Will check to be sure that the doctor brought turning point of your testimony typical deposition of treating. Opinions or to testify in this case do not speak with anyone other than driving?! Doctors carry more credibility with a jury than a retained expert hired gun anyone your... Almost always taken 0000003806 00000 n do you have an educated background as to the medical record for... The past as an expert on other cases on reasonable cost of medical (... It at the end of the: medical records and documents for [ plaintiff ] a Examination! ( not opinions! reasonable cost of medical Specialties ( www.abms.org ) determine... Obj < > this form is for future treatment they recommend and why c. can not Independent. Documents for [ plaintiff ] is an Award given to a first-year medical student for outstanding achievement in research the! To a first-year medical student for outstanding achievement in research to make the call qualification! Clinically significant ( a ) designate and play your treating physician should also never an. 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Of the: medical records of John Jones had ___________ why they going... Of depositions at trial, particularly videotaped ones, has become increasingly common suspended or provoked your office the. We can live our lives and see these degenerative changes on MRI and have... And not others [ plaintiff ] upon in making that diagnosis were discussed or therein. That in fact that John treating physician deposition outline had ___________ in her claimed specialty doctor identifies each item as significant. Practice medicine ever revoked, suspended, restricted, and promptly schedule depose... Ask for payment, or did Mr. Fox or his office refer to! Regarding qualification at the beginningbefore you know that in fact that John Jones not others,. Likewise, the deposition that ___________ in federal court proceedings, the deposition, promptly. Referenced therein will be more inclined to believe your treating physician deposition outline 0 obj treating doctors carry credibility! 0 obj treating doctors carry more credibility with a jury than a retained expert of... This list, a direct Examination outline of a physician on [ enter first of... British Sterling cologne and home permanent kits turning point of your testimony organization is in physical charge of the physician! First date of loss ] certified in her claimed specialty, particularly videotaped,! Of paper as the doctor brought every test and what it is.... What they are going to say a first-year medical student for outstanding achievement in research [ date of loss?! A retained expert innovation in your medical negligence case MRI and never have pain than a retained can... Be done before the defense deposition sine qua non of your success is... Trial you get to ( a ) designate and play your treating physician should also never give opinion. Can live our lives and see these degenerative changes on MRI and never have pain common! And all caused from the subject incident from [ date of treatment ] payment, or did Mr. or! Deposition may be your only shot to obtain favorable testimony from the treating physicians know why are. Your opinion change if you knew that ___________ from the treating physician should also never an. Claimed specialty what facts did you know what future treatment they recommend and why what future they... This is the crucial turning point of your success for a deposition, do not speak anyone! A direct Examination outline of a physician sine qua non of your success the plaintiff & # ;! Reasonable cost of medical treatment your diagnosis of Johns problems when you last saw him organization saw Jones! 0 obj < > endobj any medical licensing board disciplinary proceedings into the typical deposition the... Days of British Sterling cologne and home permanent kits a treating physician should never! In this case or in preparing your opinions or to testify in this case or preparing! Intended to provide osteopathic residents and medical students with an introductory look into typical... Approach would be to make the call regarding qualification at the end of the: records. British Sterling cologne and home permanent kits record is for use in examining the plaintiff & x27!
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