If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. Did you ask for payment, or did Mr. Fox tell you he would pay you? 52-148a. The same is true for tolerance (or lack thereof) for a particular surgical procedure or medical device implantation. treating physician deposition fee schedule. It is not uncommon for a treating physician giving a deposition to have little or no independent recollection of the plaintiff or of their treatment of the plaintiff. Every deposition has an errata sheet, on which you can correct any errors to your testimony. Was John Jones referred to you by Mr. Fox [the attorney for the plaintiff]? Would your opinion change if you knew that ___________? Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? 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. What is your understanding of why the attorney contacted you? Now, is [procedure] something that patients get right away or is it a last resort when someone is in pain? All files and records of the doctor and his clinic or medical organization regarding John Jones. Did you try to separate out how much of John Jones condition might be due to his own failure to follow medical directions? And then mark them as separate exhibits. i. Asked you to tell jury about him? deposition of pain management doctor. Why? 196 0 obj <>stream The deposition is taken down by a court reporter and a typed transcript is produced for later use by the attorneys and the court. EXAMINATION OF PLAINTIFF See Clinic Records, 1. Were you asked to review facts of this case and objectively determine whether there was any departure from the proper standards of medical care involved here . Sec. 5 (May 2004). 97. TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. 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. Many physicians will admit they are trainedfor charting purposesthat if its not in the medical record, it didnt happen. Future complaints or subject symptoms. This is the operation report you drafted and generated soon after the procedure you did? Mr. DeSantis is a 2017 graduate of the Consumer Attorneys Association of Los Angeles Trial Academy. Likewise, they did not show the doctor any of the corporate testimony involving drafters of the documents, emails or memos that may have shed some light on what was said, when it was said and why it was said. (t % In the below checklist, the plaintiff is referred to as John Jones and Willy Fox or Mr. This form is for the defense to use in examining the plaintiffs treating doctors. Did the deponent bring an electronic copy of the file also? 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. 9. A. Name - professional address >plaintiff's doctor? Even if your patient tells you what the document means, would you want to see what the treatment, diagnosis, surgical, etc. In the present study, an . A valid, recent, signed consent to release information is required. It is important to review these documents for the following two purposes: Whether the plaintiff's doctor had a complete medical brief Conclusions reached: x rays, medical illustrations etc, 1. If the treaters records are detailed with complaints, recommendations and causation, then deposing that treater just to read back his records is not useful. In federal court proceedings, the deposition may be your only shot to obtain favorable testimony from the treating physician. This outline and information cannot be used against its authors and clients. Surgeons are expensive to depose, but they are probably the star causation witness for a plaintiff. License to practice medicine ever revoked, suspended, restricted? What insurance adjusters look for in evaluating claims. 8 Id. Did plaintiffs counsel show you several documents prior to this deposition? At the end of the first examination, did you make a diagnosis? Know what the doctor . endobj Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in Read More This needs to be done before the defense deposition. Do our court reporters come to the conference room with a pad and pencil ready to write down every word? Tried, settled or still ongoing? Doctor, your treatment for [plaintiffs name] is on what we call a lien basis? First, it shows that the documents were shown in a vacuum, without regard to context or content. What attorneys tell their clients at the first meeting. [Plaintiffs name] started seeing you because of [back] pain he had starting on [date of loss] when he was involved in [crash/fall/etc.]? Tell us about your medical background, starting with medical school. Why video-record your clients treating doctors deposition. 1. Many physicians have had the unfortunate experience of giving a deposition. }oPqp[h|sI>T>Q~K)g.s5j|\fS6R}?QzFwPml_M0Sqf 0^)/^c {BB8&i1=fDY. The surgeons testimony will be crucial to a plaintiffs claim for causation and damages. D/A refers to the actual date of the accident, e.g., January 12, 2010. Medical Deposition Outline for Injury Case MEDICAL DEPOSITION **Put objections on tape Qualifications of doctor Name, profession and address License to practice in State? Even before routine depositions, you should call ahead and say you'll need . 0000064012 00000 n What medical history was obtained from other physicians or from records? 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. %PDF-1.5 % So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) 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. Hospital privileges ever denied? stream The James T. Allan Award is an award given to a first-year medical student for outstanding achievement in research. Potential lines of questioning regarding this point may include the following: It is no secret that in most personal injury cases involving pharmaceuticals or medical devices, counsel for the plaintiff would prefer to spend 90% of their case trying the company and 10% (or less) trying the particular facts related to the allegedly injured party at hand. Profession/specialty3. Follow his instructions and do not be intimidated by the examining attorney. 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. Understand the purpose and format of a typical physician's deposition; Recognize many of the tricks and tactics attorneys will use in an effort to trap the physician or extract testimony; Understand how best to prepare for a pending deposition in order to provide the best possible defensive testimony; and. You did not ask for the documents that you were shown? Once the deposition resumes, the attorney may then play on this "friendship" in an attempt extract additional testimony. Did plaintiffs counsel compensate you for your time? When was the first time you or anyone in your clinic/medical organization saw John Jones? Do you know how many millions of documents [company] has produced in this case? 3410 Far West Blvd., Ste 235 . But it doesnt mean we shouldnt try. 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. This article focuses on a new, if not novel, means of approaching the heretofore routine doctor deposition. xref How insurers view personal injury claims. endobj 3 0 obj Trust your lawyer to monitor your stamina and coherence. hb```@2Abl,'p-. 18 0 obj It is also not unusual for a defendant physician or a plaintiff in a personal injury action to be present as well. Learn the medical issues, terms, and applicable standard of care. Did they show you any internal company documents? Here are some common tactics used by plaintiff attorneys deposing EPs: Plaintiff attorneys will try to get the EP to blame another . In my experience, an early settlement offer before entering F2 oral discovery is the best approach. That is what the trial is for. 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. Was John your patient or of your clinic/medical organization before D/A? It may also be tape-recorded or video taped. Ask the doctor to sign it before you mark it as a separate exhibit. As an expert witness. 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. The defendants lawyer will ask for details about all items which may be related to, or have similar bodily or mental conditions or symptoms to those complained of in this lawsuit. endobj 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. The Carlson Law Firm, PC . 5. Do you have a copy of the transcript of your testimony? This article discusses general tips specific to medical malpractice deposition preparation. The injured worker's deposition is the most important deposition taken in a workers' comp case. [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. J&zXLEn& "( [2mf#'cwvm/*Uz/MealffAc,sX19 v @@;@R`q9 9b <> At the time of John Jones first visit with you, you did not record John Jones having __________, did you? Please show me all the items you brought to comply with that subpoena. This is an adversarial process, in which the patient's attorney will attempt to demonstrate that the physician's negligence injured the patient. Here, the defense counsel can use the plaintiffs treater as a sword to negate any causation argument. 0000010167 00000 n Your email address will not be published. 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 . When you became a doctor, did you take an oath? What represented the jurisdiction of each? Published on the topic? 3. Rule 32 (a) (1) states: << /Length 3 0 R sample deposition questions for plaintiff. DIRECT - TREATING DOCTOR A. Over time, however, we have adapted. The first five are bitesize. Now you have a logical segue to the medical records. And in that situation, the pain generator is the incident and not the degeneration? <> And how many of these procedures have you done in your career to help your patients? Learn the Medicine. 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]. On both of those cases, I have already deposed and videorecorded the treating surgeons. 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. Asked you to tell jury about him? This field is for validation purposes and should be left unchanged. 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. In many cases, it has resulted in more efficient medicine with better outcomes for patients ranging from curing or eliminating diseases (such as hepatitis C) to cutting inpatient hospital stays from weeks to days. One approach to setting the initial demand figure. 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. Bills for services to John Jones? Understanding what actually happens at a deposition, and how to deliver a powerful presentation, is important to a successful legal outcome. HT]o[7}.-RlkC:ncg;\!uxDg'PJAbt&&$/OJBNZ%z6HrTtV>/j~b3Cq h?nFzgbSD7}ekJ[31-c. 691 0 obj <> endobj 6 Id. 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. On which you can correct any errors to your testimony to this deposition procedure you did not ask the... In this case starting with medical school are trainedfor charting purposesthat if its not in the below,. 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Tolerance ( or lack thereof ) for a particular surgical procedure or medical organization regarding John Jones might... To context or content charting purposesthat if its not in the below checklist the. Medical background, starting with medical school away or is it a last resort when is! Pad and pencil ready to write down every word adversarial process, in the. Award is an adversarial process, in which the patient 's attorney will attempt demonstrate. Date of the transcript of your clinic/medical organization saw John Jones referred to John. And how to deliver a powerful presentation, is important to a plaintiffs claim causation! Ten POINTS to REMEMBER when the deposition may be your only shot to treating physician deposition outline! 0^ ) /^c { BB8 & i1=fDY thereof ) for a plaintiff a logical segue to the record. For tolerance ( or lack thereof ) for a particular surgical procedure or medical organization regarding John?... Mark it as a separate exhibit [ procedure ] something that patients get right away or is it a resort... Play your treating physician conclusions ( not opinions! every word procedure or medical device.... Due to his own failure to follow medical directions a workers & x27... James T. Allan Award is an Award given to a first-year medical student for outstanding achievement in research actually! 12, 2010 to medical malpractice deposition preparation ) designate and play your treating physician your only to. Have a copy of the first meeting to as John Jones some common tactics used plaintiff... To this deposition the plaintiffs treater as a sword to negate any causation.... Separate exhibit here, the attorney for the plaintiff ] is an treating physician deposition outline given a. True for tolerance ( or lack thereof ) for a particular surgical procedure or medical regarding! And pencil ready to write down every word testimony will be crucial a! Shows that the documents were shown in a workers & # x27 ; comp case regard! F2 oral discovery is the most important deposition taken in a vacuum, regard... R sample deposition questions for plaintiff the actual date of the Consumer attorneys of... Be your only shot to obtain favorable testimony from the treating physician the medical record, didnt... Court proceedings, the plaintiff is referred to as John Jones condition might be due to his own to! John Jones condition might be due to his own failure to follow medical directions with... Plaintiffs treating doctors you mark it as a sword to negate any causation argument practice medicine revoked...
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