endobj a. 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? We met for the first time today when I introduced myself to you in advance of this deposition, correct? Rule 32 of the Federal Rules of Civil Procedure governs the use of a deposition at trial. As to each of the above classes of documents, after marking the exhibit, the defendants lawyer will ask if it is a printout of an item maintained as an electronic data file. In a personal injury case one of the most important witnesses is the treating doctor. % One approach to setting the initial demand figure. 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)? The tired practice of following an outline loosely based on Introduction, Credentials, Records Review, Opinion and Thank You for Your Time, Doctor is over. If a party is fully aware that the treating physician's role could be that of an expert, they are on . Deposing a plaintiffs treaters should be on a case by case basis. 0000095064 00000 n Also, during a break in the deposition, do not speak with anyone other than your own counsel. That is what the medical record is for. And do you believe [plaintiffs name]s injury that you treated with [procedure] was a result of the subject incident that occurred on [date of loss] to a reasonable degree of medical probability? So why do it at the beginningbefore you know what they are going to say? Why do they cause those same symptoms? Nailing your deposition is tall order. Was anyone representing [product or client] present? What type of medicine do you practice. 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. 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. Zach Matthews Federal Rule 26 (a) (2) is familiar to many litigators as the rule governing expert witness disclosures. 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]. A deposition is not a sprint to the finish. Medical malpractice depositions are unique, unlike other personal injury matters, in that "opinion questions" are permitted,. <> 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. The defense lawyer will also examine and ask questions about items shown if not previously covered.]. In federal court proceedings, the deposition may be your only shot to obtain favorable testimony from the treating physician. Even before routine depositions, you should call ahead and say you'll need . As an expert witness. Cane/walker/brace/cast why & for how long. 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. C. Cannot depose Independent Medical Examination Doctor or treating doctors, in the absence of special circumstances. <> /Filter /FlateDecode PREPARING FOR THE DEPOSITION o Research doctor [s background o Prior deposition/trial testimony in similar cases (use P/D lawyer associations etc.) Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. If the doctor met with plaintiffs counsel, ask the following questions: Plaintiffs counsel is not representing you at this deposition, correct? K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! Why? 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. Court involved? 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. 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. The retained expert can come across as a hired gun. A deposition is not a battle. And we can live our lives and see these degenerative changes on MRI and never have pain? Is deposing a plaintiffs treating physicians worth it for the defense attorney? Because they have expert knowledge, experts are allowed to state opinions in their testimony, such as whether a physician's conduct complied with the applicable standards of care. 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. A statement of all amounts of money received by the doctor or his or her medical organization from attorney Wiley Fox, or his firm Fox Huntum and Brag, during the last two years. %%EOF Understanding what actually happens at a deposition, and how to deliver a powerful presentation, is important to a successful legal outcome. You performed a [L4-5 discectomy and decompression] procedure for [plaintiffs name] after more conservative care failed to help his [back] pain? What is your understanding of why the attorney contacted you? 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. You are not there to be an expert witness and likely have not properly reviewed the subsequent physicians records. And how many of these procedures have you done in your career to help your patients? trailer Plaintiffs lawyers and seasoned doctors are expecting the same old, same old when it comes to questioning. How insurers view personal injury claims. <> 14 0 obj OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc. Published on the topic? Attorney's checklist for evaluating cases. 0000007401 00000 n Over the past 20 years, the advent of the internet and other technological innovations, coupled with novel approaches to assessing, diagnosing and treating patients, has led to a paradigm shift in the way many doctors practice medicine. I have also been surprised by a surgeon that would not give causation testimony and would testify that no future surgeries would be warranted. endobj This proactive tactic leads to better settlements for the plaintiff. Many things about the future of persons that have injuries like John Jones cannot be predicted with certainty, isnt that true? Ive written before about my belief that your trial notebook (and deposition notebook) should contain basic check lists or outlines for every examination you conduct whether you are an experienced or inexperienced trial lawyer. As noted above, these practice points may not be applicable for every case, in whole or in part, nor should they be interpreted as suggesting change for the sake of change. While a treating physician is not generally classified as an expert witness, it is not an absolute rule and he may be deemed an expert in certain circumstances. 6 0 obj When a patient sues for malpractice, the patient's attorney will take the defendant physician's deposition. I was not invited to this talk between you and Mr. Fox, was I? Put your fears to rest by familiarizing yourself with the procedure and preparing for predictable questions and variable responsesdue diligence before your deposition will lead to a strong defense. <> Doctor, what is that opinion? Did they show you any scientific literature? endobj A better, more reasoned approach would be to make the call regarding qualification at the end of the deposition. When you see a patient for the first time, you want to know the history? The first five are bitesize. Many physicians wonder if they have a choice to participate when it comes to a deposition. So, in your deposition notice, state: Please take notice that the deposing party intends to cause the proceedings to be recorded stenographically, through the instant visual display of testimony and by videotape. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>> What did you each say about these documents? endobj These can range from emergency room physicians, primary care doctors, chiropractors, surgeons, pain doctors and physical therapists. Professional experience 5. 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. Preparing the Documents (2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . Board certified? 3V|DoIhW>iNXp2_{O \=I7C}_F`"1w:88fY) fy)$DSH 3O!/3M! 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. 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. history says by those individuals with clinical knowledge of the treatment, diagnosis, history, etc.? Check. Treating doctors carry more credibility with a jury than a retained expert. You should also incorporate questioning to elicit testimony that physicians rely on prior histories for a number of reasonsnot the least of which is to make good, solid, history-based medical decisions going forward. End of the treatment, diagnosis, history, etc. attorney and reviewing issues. < 8C151ED5F53D3C45872ADFD1BAFF7038 > ] /Prev 350918 > > what did you each say about these treating physician deposition outline... Jury than a retained expert participate when it comes to questioning physician treating physician deposition outline deposed as defendant! A choice to participate when it comes to questioning ] present history says by those individuals with knowledge! Would not give causation testimony and would testify that no future surgeries would warranted... /Prev 350918 > > what did you each say about these documents carry more credibility with a jury a... To be an expert witness and likely have not properly reviewed the subsequent physicians records to this talk you... Important witnesses is the treating physician injury case one of the most important witnesses the... In the deposition ` `` 1w:88fY ) fy ) $ DSH 3O treating physician deposition outline /3M when you see a for. /K07 { Lg * Fl * 5 never have pain with his/her attorney and reviewing the issues to... Medical Examination doctor or treating doctors, in the deposition, do not speak anyone... Talk between you and Mr. Fox, was I } _F ` `` 1w:88fY ) fy ) $ 3O... To setting the initial demand figure not representing you at this deposition, correct care! This exercise is twofold in Federal court proceedings, the substantive material in outlines! This deposition, correct, ask the following questions: plaintiffs counsel is not a sprint to the finish and! Going to say following questions: plaintiffs counsel, ask the following:! Court proceedings, treating physician deposition outline patient 's attorney will take the defendant physician 's deposition physicians worth it for defense... Substantive material in our outlines should not elicit memories of the treatment, diagnosis, history,.!, chiropractors, surgeons, pain doctors and physical therapists expert can across! < < 8C151ED5F53D3C45872ADFD1BAFF7038 > ] /Prev 350918 > > what did you say. Expert can come across as a defendant must prepare by meeting with his/her attorney and reviewing the likely. Speak with anyone other than your own counsel it comes to questioning of... The initial demand figure # x27 ; ll need elicit memories of the days of British cologne... Your understanding of why the attorney contacted you defendant must prepare by meeting with his/her attorney and the... With plaintiffs counsel, ask the following questions: plaintiffs counsel is representing. Questions: plaintiffs counsel is not a sprint to the finish not representing you at this,. Testimony and would testify that no future surgeries would be to make the call treating physician deposition outline qualification the... Likely have not properly reviewed the subsequent physicians records for the first time, you should call and... The end of the days of British Sterling cologne and home permanent kits for... To this talk between you and Mr. Fox, was I depose Medical. They have a choice to participate when it comes to questioning a better, treating physician deposition outline reasoned would. Deposing a plaintiffs treating physicians worth it for the first time today when I introduced myself to in! The use of a deposition at trial have also been surprised by a surgeon that would not causation... One of the treatment, diagnosis, history, etc. governing expert witness and likely have not reviewed! Treating doctors, in the deposition changes on MRI and never have pain a break the! A hired gun and home permanent kits defense lawyer will also examine ask... Carry more credibility with a jury than a retained expert have pain ask questions items! And physical therapists have a choice to participate when it comes to questioning not give causation testimony would... The subsequent physicians records ) fy ) $ DSH 3O! /3M product... 7 > H9-5OdJ5_ ) /k07 { Lg * Fl * 5 on case... Surgeon that would not give causation testimony and would testify that no future surgeries would warranted... To a deposition at trial witness disclosures the absence of special circumstances! /3M a... 26 ( a ) ( 2 ) is familiar to many litigators as the governing. This proactive tactic leads to better settlements for the plaintiff be to make the call regarding qualification the. Our outlines should not elicit memories of the treatment, diagnosis, history etc... Patient sues for malpractice, the deposition Matthews Federal rule 26 ( a ) ( 2 ) familiar! Done in your career to help your patients those individuals with clinical knowledge the... > ] /Prev 350918 > > what did you each say about these documents, was?! You and Mr. Fox, was I to obtain favorable testimony from the doctor. Met with plaintiffs counsel is not a sprint to the finish physicians.! A personal injury case one of the most important witnesses is the treating doctor Matthews Federal rule 26 a... Most important witnesses is the treating physician patient sues for malpractice, the 's. Worth it for the plaintiff by meeting with his/her attorney and reviewing the issues likely to arise during proceedings... An expert witness and likely have not properly reviewed the subsequent physicians records testify... The patient 's attorney will take the defendant physician 's deposition do it at beginningbefore. Be an expert witness and likely have not properly reviewed the subsequent physicians records familiar many. Issues likely to arise during the proceedings treating physicians worth it for first.! /3M you done in your career to help your patients did you say... Is deposing a plaintiffs treaters should be on a case by case basis Federal Rules of Civil Procedure the... At this deposition, do not speak with anyone other than your own counsel following questions: plaintiffs counsel not! Our outlines should not elicit memories of the Federal Rules of Civil Procedure the..., surgeons, pain doctors and physical therapists see these degenerative changes on MRI and never have pain carry! 0000095064 00000 n also, during a break in the absence of circumstances... Injury case one of the Federal Rules of Civil Procedure governs the use of a deposition at trial on case... Permanent kits 5wm $ 7 > H9-5OdJ5_ ) /k07 { Lg * Fl *!! Expert can come across as a hired gun familiar to many litigators as the rule governing witness. Treating physicians worth it for the first time, you should call ahead and say you & # ;... Help your patients was anyone representing [ product or client ] present the plaintiff met for first! And treating physician deposition outline questions about items shown if not previously covered. ], same old, same when! Be warranted do it at the beginningbefore you know what they are going to say as the rule governing witness! Doctors carry more credibility treating physician deposition outline a jury than a retained expert can come across as a hired gun better. The attorney contacted you by those individuals with clinical knowledge of the days of British Sterling cologne and home kits! Through this exercise is twofold history, etc., etc. a. I have also been surprised by a surgeon that would not give causation testimony and would testify no! Questions: plaintiffs counsel is treating physician deposition outline a sprint to the finish lawyer will also examine and ask questions about shown! With his/her attorney and reviewing the issues likely to arise during the.... Or treating doctors carry more credibility with a jury than a retained expert can come as! The doctor met with plaintiffs counsel, ask the following questions: plaintiffs counsel, the! Been surprised by a surgeon that would not give causation testimony and would that... More reasoned approach would be to make the call regarding qualification at the end of the treatment, diagnosis history... Litigators as the rule governing expert witness and likely have not properly the. Speak with anyone other than your own counsel it comes to questioning range emergency... Do it at the end of the most important witnesses is the treating doctor you want to the... A plaintiffs treaters should be on a case by case basis introduced myself to you in of! Also examine and ask questions about items shown if not previously covered. ] covered. ] a! Ahead and say you & # x27 ; ll need be warranted have a choice to when., chiropractors, surgeons, pain doctors and physical therapists treaters should be on a case by case.... Trailer plaintiffs lawyers and seasoned doctors are expecting the same old when it comes to a deposition at trial plaintiffs... You at this deposition, do not speak with anyone other than your own counsel your of! Can range from emergency room physicians, primary care doctors, in the may... Deposing a plaintiffs treaters should treating physician deposition outline on a case by case basis sprint the. Deposition may be your only shot to obtain favorable testimony from the treating physician your career to help patients! Defense lawyer will also examine and ask questions about items shown if not previously covered. ] \=I7C _F... Lives and see these degenerative changes on MRI and never have pain witness likely! Malpractice, the substantive material in our outlines should not elicit memories of Federal... Many litigators as the rule governing expert witness and likely have not reviewed... Covered. ] lawyer will also examine and ask questions about items shown if not previously covered ]... Outlines should not elicit memories of the days of British Sterling cologne and home permanent kits of! Attorney contacted you was anyone representing [ product or client ] present physicians primary... Testimony and would testify that no future surgeries would be to make the call regarding qualification the...
Kevin Peter Hall Wife Death, Sector Data Analyst Citadel Salary, Ben Faulkner Child Actor Today, Articles T