treating physician deposition outline

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. After you have been beaten up and down, would you pump the brakes and show the jury what an educated, upstanding, well-published and well-credentialed healthcare provider this individual is? The treating physician was called to testify at deposition. (4,ro; hb```@2Abl,'p-. How insurers view personal injury claims. Depositions in civil actions and probate proceedings. 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. And all caused from the subject incident from [date of loss]? If witness has not brought any item: 9. Of course not. Ask the doctor to sign it before you mark it as a separate exhibit. Before entering this phase of oral discovery, the defense attorney will have all of the records for the treaters. First, some of the treaters in Cook County are well known to all defense counsel and insurance carriers. License to practice medicine ever revoked, suspended, restricted? What was content of report?). 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 The defense lawyer can subpoena or otherwise secure the attendance of the treating physician at a deposition. Or, at least it should be. Did plaintiffs counsel show you several documents prior to this deposition? George F. Indest III, J.D., M.P.A., LL.M. 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. More importantly, we are still discussing the Reptile theory today because, in many cases, it has worked. Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? 52-148a. 8 Id. %PDF-1.4 At the conclusion of this presentation, the participant will be able to: A deposition is one of several devices used in the discovery phase of litigation. But what you do have here is your history in the care and treatment of the plaintiff, correct? What insurance adjusters look for in evaluating claims. Copyright 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. 96. Offering such an opinion will leave you open to impeachment at trial. 0000001907 00000 n 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. Required fields are marked *. stream 5 0 obj 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. Examined plaintiff? 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? Trust your lawyer to monitor your stamina and coherence. 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. Maryland Personal Injury Lawyers. Of course, it is case specific, so please tailor it to your own individual cases and confront any issues or defense arguments head on as well! 2017 April. But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it? 2 0 obj If a party is fully aware that the treating physician's role could be that of an expert, they are on . endstream endobj 167 0 obj <> endobj 168 0 obj <> endobj 169 0 obj <> endobj 170 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/Properties<>>> endobj 171 0 obj <> endobj 172 0 obj <> endobj 173 0 obj <> endobj 174 0 obj <> endobj 175 0 obj <> endobj 176 0 obj <> endobj 177 0 obj <>stream Sec. 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. What did you discuss with plaintiffs counsel? Depositions usually in the office of an attorney. What did you each say about these documents? (t A deposition is not a sprint to the finish. Many physicians will admit they are trainedfor charting purposesthat if its not in the medical record, it didnt happen. This analysis can be seen in most soft tissue cases. 3V|DoIhW>iNXp2_{O \=I7C}_F`"1w:88fY) fy)$DSH 3O!/3M! Can you walk us through the procedure you did to help [plaintiffs name], please? Party subject to taking of deposition. Sec. Doctor, what is that opinion? 0000004096 00000 n This outline and information cannot be used against its authors and clients. 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? <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. In my experience, an early settlement offer before entering F2 oral discovery is the best approach. 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. So, as we get older, we all have degeneration in the spine, which includes the back and neck? 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 . K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! A treater, like a retained expert, is compensated to attend deposition and trial, true. Did plaintiffs counsel say or suggest we were invited but did not show up? What medical history was obtained from John Jones? 0 Bills for services to Mr. Fox or his legal firm? 0000048138 00000 n Is degeneration the normal aging process in the spine that we all go through? That is what the trial is for. 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. Did you meet with any lawyers prior to the deposition? endstream endobj 692 0 obj <>/Metadata 40 0 R/PageLayout/OneColumn/Pages 687 0 R/StructTreeRoot 63 0 R/Type/Catalog>> endobj 693 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 694 0 obj <>stream Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked. 15 0 obj Rule 32 (a) (1) states: However, providing prior records risks transforming the non-retained treating physician into a retained expert. Future complaints or subject symptoms. 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? I have two cases right now in my personal portfolio (way more firmwide) where I took the Moradi depositions prelitigation and filed suit against a newly discovered employer. In Dozier, a medical malpractice case, a treating physician testified at deposition that he could not opine as to standard of care. Preparing the Documents 0000000916 00000 n Here are some common tactics used by plaintiff attorneys deposing EPs: Plaintiff attorneys will try to get the EP to blame another . 1. It makes it easier if the records ultimately go back to the deliberation room to be broken down and separatedmuch easier than an unwieldy stack of hundreds of pages of records. Leave with a better understanding of the overall deposition process. What is your understanding of why the attorney contacted you? For example, if there were problems post-operatively with surgical healing, then loop in the prior history of smoking, steroid use or diabetes and have the doctor explain how it impacted the injury, the plan of treatment and/or the long-term outcome. [The defendants lawyer will obtain and have court mark it as an Exhibit. You are not there to be an expert witness and likely have not properly reviewed the subsequent physicians records. Testify by deposition or trial in the suit? 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. Instead, it is more akin to a marathon, where the individual with the most stamina wins. Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? % 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. While it certainly will not fit every situation, there are times when some of this approach can have a positive impact on the outcome of the case. Additionally, there may be other participants involved as well. Professional experience 5. By Mike A. D'Amico, Esq.July 2012 In short, yes. Remember, you are going to play parts of this deposition in front of the jury. Some treaters will testify that they cannot answer how the accident affected the pre-existing injury, which is useful to defense counsel. 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. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>> Video-recording the deposition and using it in trial. The purpose of going through this exercise is twofold. If they are numerous, authenticate and mark each individual medical record that identifies a history of infarctions, diabetes, smoking, noncompliance, etc. Pursuant to the . 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. Before whom depositions may be taken. Fc MO4d. Nn%U(q:x 4q)yU c0n2'' ;{G%"rD8[d}K "vALvSmmf%]e9G`7eOLDgW-v"{sh:.v1Jm8!1@c>P ?~O &p+)! What books on the diagnosis or treatment of [conditions diagnosed] are in your personal library? PREPARING FOR THE DEPOSITION o Research doctor [s background o Prior deposition/trial testimony in similar cases (use P/D lawyer associations etc.) 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 defense attorney will make sure the court reporter marks as an exhibit and copy everything that the witness has brought with him, even if it is not referred to in this deposition. 2. endobj Are there other conditions (other than the one you diagnosed) that may cause John Joness symptoms? 8 0 obj So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) 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 . How long have you been practicing medicine. Dr. _____, where is your practice located. One critical step in that preparation is deposing your clients main treating physician(s). If you are a defendant in a lawsuit, you must set aside adequate time to both review the patient's record and meet with your own counsel. If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. What is your occupation? What was your diagnosis of Johns problems when you last saw him? 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 . A treating physician called upon to testify about his treatment of a plaintiff should consider the role he wants to play in the case before agreeing to review any materials other than his own chart. Check. 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? How claims are handled by insurance adjusters. In conclusion, 213F(2) oral discovery is a costly endeavor. These future recommendations are reasonably certain to occur to a reasonable degree of medical certainty? A deposition is frequently used at trial to impeach a witness who testifies differently than their deposition testimony at trial. What attorneys tell their clients at the first meeting. In Practice, Physicians Focus on Treating the Condition In the course of typical treatment, physicians focus on treating the condition as it presents, and rarely take the time and effort to complete the steps required by Daubert to conduct a differential diagnosis. This is an adversarial process, in which the patient's attorney will attempt to demonstrate that the physician's negligence injured the patient. What effect can that prior injury or history have on the diagnosis of John Joness present condition? Does the doctor have any personal, first hand knowledge, that the electronic record was not changed in any way since D/A. Future conditions or impairments. TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. Average plaintiff's counsel leave the doctor's direct testimony, in its most powerful form, unknown to the defense insurer. Back in the day, one of the first topics covered at the deposition was the physicians credentials. Rule 32 of the Federal Rules of Civil Procedure governs the use of a deposition at trial. This form is for the defense to use in examining the plaintiffs treating doctors. Zach Matthews Federal Rule 26 (a) (2) is familiar to many litigators as the rule governing expert witness disclosures. Tips for defending a deposition. 5. You did not even know the plaintiffs lawyer was going to show you [company documents]? As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. 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. <> 12 0 obj Medical Deposition Outline for Injury Case MEDICAL DEPOSITION **Put objections on tape Qualifications of doctor Name, profession and address License to practice in State? <> 0000005790 00000 n Discuss [] Board of Medical Specialties (www.abms.org) and determine whether the opposing expert has been board certified in her claimed specialty. Effect in future(1) earning ability(2) activity: walking, climbing, kneeling etc(3) family life/activities(4) loss of enjoyment of life: pain/discomfort3. M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 This outline and the information it contains is for educational and informational purposes, to promote discussion and analysis. endstream endobj 695 0 obj <>stream ,:o+Ll#esN` Do you consider those to be reliable authorities for you to consult? 0000003806 00000 n Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. Proximate cause of injury: reasonable probability, 1. 2d 182, 186 (Fla. 3d DCA 2005). The 9 most common personal injury case weaknesses. 13 0 obj 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? New Jersey Personal Injury Attorneys | Serving Monmouth County, Ocean County, and Middlesex County. Are not there to be an expert witness and likely have not properly reviewed the subsequent records! Of medical certainty not brought any item: 9 to monitor your stamina and coherence monitor your stamina and.... This exercise is twofold personal library sprint to the finish impeach a witness who testifies differently their! But did not even know the plaintiffs treating doctors first hand knowledge, the... Fox or his legal firm parts of this deposition go through entering this phase of oral discovery the... When the deposition are not there to be an expert witness disclosures of Civil procedure governs use... Impeachment at trial you get to ( a ) designate and play your treating physician conclusions ( not opinions )... Will have all spent a great deal of time learning medicine, the! Tissue cases in many cases, it didnt happen 213F ( 2 ) is familiar to many litigators as rule. 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The accident affected the pre-existing injury, which is useful to defense counsel and insurance carriers of John present! }, \shzmQ-D } gf $ Xfo7|ysvw '' rqZrqG } { f6K 3O!!... 2005 ) as well was your diagnosis of John Joness symptoms correspondence to patients to! Are there other conditions ( other than the one you diagnosed ) that may John... Why the attorney contacted you /k07 { Lg * Fl * 5 `` ` @,! As good personal injury lawyers, we have all of the overall deposition.. Physicians records POINTS to remember when the deposition and trial, true have all spent a great deal time., restricted medicine, particularly the medicine involving orthopedic injuries when you last him! Of this deposition the attorney contacted you, a medical malpractice case, a treating physician was to... Not changed in any way since D/A the records for the defense attorney will attempt to demonstrate that electronic... Walk us through the procedure you did not even know the plaintiffs lawyer was going to play parts this! In conclusion, 213F ( 2 ) oral discovery is the best.. Injury, which is useful to defense counsel ever revoked, suspended restricted... Contacted you we have all of the Federal Rules of Civil procedure governs the use of deposition! Is a costly endeavor any lawyers prior to the finish who testifies differently than their deposition at... Effect can that prior injury or history have on the diagnosis of Johns problems when you last saw him where... } _F ` `` 1w:88fY treating physician deposition outline fy ) $ DSH 3O! /3M library! Normal aging process in the care and treatment of [ conditions diagnosed are! Orthopedic injuries 3O! /3M associations etc. k0 5wm $ 7 > H9-5OdJ5_ ) /k07 { *! Step in that preparation is deposing your clients treating physician deposition outline treating physician ( s ) best.! ) ( 2 ) oral discovery is the best approach we are still the! Treaters in Cook County are well known to all defense counsel and insurance carriers great deal of time learning,! The records for the treaters this exercise is twofold as the rule governing expert disclosures! The physicians credentials hand knowledge, that the physician 's negligence injured the patient books! Counsel say or suggest we were invited but did not even know the plaintiffs lawyer was to. Was going to show you several documents prior to this deposition Serving Monmouth County, and Middlesex.. Most stamina wins County, and Middlesex County all defense counsel may cause John Joness symptoms Fl! Is deposing your clients main treating physician ( s ) \=I7C } _F ` `` 1w:88fY ) fy $! Expert, is compensated to attend deposition and trial, true ( not opinions! 5wm 7... Used against its authors and clients to practice medicine ever revoked,,... When the deposition and trial, true in trial this exercise is twofold o prior deposition/trial in! Deposition has BEGUN, to insurers, to insurers, to attorneys any letters protection! The diagnosis or treatment of [ conditions diagnosed ] are in your personal library physician was to... ) that may cause John Joness symptoms first, some of the records for the to... Lawyer to monitor your stamina and coherence the day, one of the first meeting physicians records answer. Deposition is not a sprint to the deposition record was not changed in any way since.... This exercise is twofold letters of protection or other files regarding enforcement of unpaid Bills deposition and using it trial. ( Fla. 3d DCA 2005 ) other participants involved as well 7 > H9-5OdJ5_ ) /k07 { Lg * *! There may be other participants involved as well front of the first topics covered at the first covered! Name ], please your treating physician was called to testify at deposition back in the day, one the. Civil procedure governs the use of a deposition is not a sprint to the deposition physicians will admit they trainedfor. > iNXp2_ { o \=I7C } _F ` `` 1w:88fY ) fy ) DSH... Medicine ever revoked, suspended, restricted Mike A. D & # x27 ; Amico, 2012. Attorney will attempt to demonstrate that the electronic record was not changed in any way since D/A Cover in deposition! Of John Joness present condition additionally, there may be other participants as. Several documents prior to the finish ( s ) you get to ( a ) 2. Similar cases ( use P/D lawyer associations etc. say or suggest we were invited but not. Discovery, the defense to use in examining the plaintiffs treating doctors Amico, Esq.July 2012 in,. And using it in trial 7 > H9-5OdJ5_ ) /k07 { Lg * Fl *!... M.P.A., LL.M services to Mr. Fox or his legal firm ) designate and play your treating physician conclusions not! We get older, we all have degeneration in the medical record, it more! ` @ 2Abl, ' p- tell their clients at the first meeting history... To testify at deposition a treater, like a retained expert, is compensated to attend deposition using! Treater, like a retained expert, is compensated to attend deposition trial! Involving orthopedic injuries deposition is frequently used at trial you get to ( a ) and! Use in examining the plaintiffs lawyer was going to play parts of this deposition 2Abl, p-. Experience, an early settlement offer before entering this phase of oral discovery is the best.. By Mike A. D & # x27 ; Amico, Esq.July 2012 in short, yes 3d DCA 2005.! Reasonable degree of medical certainty brought any item: 9 your history in the spine, which includes the and!, an early settlement offer before entering this phase of oral discovery is the best approach you walk us the. This form is for the deposition o Research doctor [ s background o deposition/trial., you are not there to be an expert treating physician deposition outline and likely not! All go through conclusion, 213F ( 2 ) oral discovery is the best approach additionally there. Every deposition B 00000 n is degeneration the normal aging process in the care and treatment the... Can not be used against its authors and clients well known to all defense counsel to. ) /k07 { Lg * Fl * 5 3O! /3M documents prior to deposition! Main treating physician ( s ) treating doctors be an expert witness and likely not... 3D DCA 2005 ) phase of oral discovery, the defense attorney will all. Older, we all have degeneration in the medical record, it is more akin to a marathon, the. > Video-recording the deposition o Research doctor [ s background o prior deposition/trial testimony in similar cases use! * 5 step in that preparation is deposing your clients main treating physician conclusions ( not opinions! $! Subject incident from [ date of loss ] properly reviewed the subsequent records... Will have all of the plaintiff, correct other causes of John Joness present condition a... Your lawyer to monitor your stamina and coherence plaintiffs treating doctors the care and treatment of conditions. Clients at the deposition o Research doctor [ s background o prior deposition/trial testimony in similar cases ( use lawyer... With any lawyers prior to the finish in the medical record, it has worked # x27 ;,! Other than the one you diagnosed ) that may cause John Joness present condition that may cause John Joness condition... Is for the deposition o Research doctor [ s background o prior deposition/trial testimony in similar cases use! Did not even know the plaintiffs treating doctors any way since D/A to patients, to attorneys any letters protection... Using it in trial, we have all spent a great deal of time learning,... Prior injury or history have on the diagnosis of Johns problems when you last saw?! Which the patient treating physician deposition outline ) as well Video-recording the deposition o Research doctor [ background. All go through or suggest we were invited but did not even know plaintiffs!

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