treating physician deposition outline

How claims are handled by insurance adjusters. An expert witness's deposition is almost always taken. !`.Yh Be confident. hb```@2Abl,'p-. 3t@,PT.T++U;8"hPK~cTC4. Would you have liked to have known about it before you gave your opinions in this case? J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp Check. Did the deponent bring an electronic copy of the file also? Can you tell the jury about your educational background? What did suit involve? On both of those cases, I have already deposed and videorecorded the treating surgeons. 0 endobj 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? 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 treating physician deposition california. What did you each say about these documents? %%EOF What they should do is challenge us to take the reins and step outside our comfort zones. endobj III. endstream So, as we get older, we all have degeneration in the spine, which includes the back and neck? Additionally, there may be other participants involved as well. Fox refers to the name of the plaintiffs attorney. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>> Should you fail to appear, the defendant may petition the court for recovery of any expenses incurred as a result. 0 Privileges in hospitals in the area? Thanks to television, many people think of a deposition as something that happens under a glaring light bulb in a dimly lit room, while attorneys grill witnesses with trick questions. While there is no substitute for being prepared, you can take an effective deposition "on the fly" by remembering five essential questions and their logical subquestions: 1. Who engaged you in this case. 11 0 obj What was content of report?). 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). What was your diagnosis of Johns problems when you last saw him? Please show me all the items you brought to comply with that subpoena. What did you do? Did you meet with any lawyers prior to the deposition? Published on the topic? Direct-Examination of Dr. Jackson (Treating Doctor). In my experience, an early settlement offer before entering F2 oral discovery is the best approach. Did you actually review x-rays or tests yourself? 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. 2. No. This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. Ask whether their hospital privileges have ever been suspended or provoked. Examined plaintiff? 4. 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 . Copyright You will likely receive a subpoena from a judge noting the date, time and place of the deposition. Were you paid, or are you to be paid, for that time, by Mr. Fox? 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. You have seen and reviewed many medical bills in your field of medicine for treating patients and conducting [subject procedure]? [The defense lawyer will obtain and mark as Exhibit. (t In addition, we will leave you with ten points to remember should you ever be deposed. a. It is not legal advice. 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. 15 0 obj Oral or written report? George F. Indest III, J.D., M.P.A., LL.M. Many things about the future of persons that have injuries like John Jones cannot be predicted with certainty, isnt that true? 0000009060 00000 n endobj Nailing your deposition is tall order. 5 (May 2004). hb```xX 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. The surgeon is also the treater who will give any future medical treatment testimony or opine to future surgeries. 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 if that party has complied with subdivision (m) of section 2025.340. endobj 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. 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. Every case and set of circumstances is different. 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. between counsel for the plaintiff and the doctor before the first question is asked under oath. Invariably, the defense examiner will note a full range of motion, full measurements of strength, equal bilateral strength in all extremities, and negative test results in order to justify an opinion of no permanent injury or to otherwise minimize the Plaintiff's injuries. Failure of John Jones to follow directions of doctors could have affected his present condition, couldnt it? thorough outline of topics typically addressed when deposing a medical expert in a car wreck case. 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]. What facts did you rely upon in making that diagnosis? Ever limited in scope? Depositions in civil actions and probate proceedings. endobj Know the doctor's file / report better than opposing counsel Do Internet research to understand the medical issues Know the law - "medically distinguishable" Call the doctor ahead of time if possible Show up in advance of deposition to discuss testimony Don't be afraid to cancel a deposition . QUALIFICATIONS 1. Are there risks involved with [procedure]? 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. 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 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. Remember, you are going to play parts of this deposition in front of the jury. Rule 32 (a) (1) states: Now you have a logical segue to the medical records. So what about us defense lawyers? How does my lawyer make sure that the doctors and medical facilities will get paid? What represented the jurisdiction of each? 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. _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. Can you explain to the jury what a _____ does. 2. Have you had any discussions with plaintiffs counsel about being compensated for your time meeting with them or reviewing documents? In coordination with the initial diagnosis, were there consultations with other doctors? Did they discuss with you any scientific literature? Check. All of the other students in the first-year medical class. Are you a social friend or business friend of Mr. Fox? 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. If the records do not reflect a causal link, then the physicians opinion as to your product or device should be consistent. Once the deposition resumes, the attorney may then play on this "friendship" in an attempt extract additional testimony. 6 Id. endobj What is your occupation? 1. I'm always surprised by lawyers who do not take advantage of the opportunity to meet with the doctor before the deposition. A deposition is not a sprint to the finish. Board certified? We will equip you with the knowledge required to prevail. What was the primary purpose of [plaintiffs name] seeing you? So, you want clean, concise, and understandable clips to designate and play. startxref And then on top of those two things, that is when you look at an MRI to correlate all the findings together? 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 . 8 Id. 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. TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. But it doesnt mean we shouldnt try. You did not even know the plaintiffs lawyer was going to show you [company documents]? The first time you saw the documents were before today where you are being recorded and have been sworn in under oath? What is your understanding of why the attorney contacted you? 52-148b. However, the plaintiff can use the treater to obtain aggravation or exacerbation testimony. <> Was anything observed that was not recorded? As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. Tell us some of the things that you cannot predict with certainty about John Jones? Games insurers play in wrongfully denying claims. i. }oPqp[h|sI>T>Q~K)g.s5j|\fS6R}?QzFwPml_M0Sqf 0^)/^c {BB8&i1=fDY. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Take breaks when you need them or if your attorney suggests it. ~Z#'tqkCIj.Qft&QR Required fields are marked *. However, regardless of the outcome of the case, [plaintiffs name] is still responsible to pay your bills in full? Life expectancy impacted? As a treating physician. Ultimately, you recommended that [plaintiffs name] undergo a [procedure] on [date]? 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. %PDF-1.4 % Consequently, we all can leave here knowing there is no mistake that [summarize again]. Are there any other records of this visit/condition/treatment? 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. 95. Before the final status conference or before trial documents are due, be sure to serve the defense with your video- deposition page line designations so they have an opportunity to object and counter-designate clips to play. You [ company documents ] concise, and understandable clips to designate and play, LL.M [... 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