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 . 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. 0000003549 00000 n
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. 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 . A treating physician should also never give an opinion regarding another physicians medical care while being deposed. So even if the person isnt consciously increasing their pain, the end of a lawsuit may be a source of relief of tension and pain? Ask whether they were a treating physician . 0000005790 00000 n
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? What did you have to do in the . Do our court reporters come to the conference room with a pad and pencil ready to write down every word? 0000010560 00000 n
What did you do? Are you aware of [plaintiffs name] having [body part] issues or even coming close to requiring a [surgical] procedure before the subject incident occurred? Did they discuss with you any internal company documents? Are there risks involved with [procedure]? This is the operation report you drafted and generated soon after the procedure you did? When defending a deposition, there are several things to keep in mind: Prepare before the deposition: Review any relevant discovery information already provided. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. _Y>#Bx/:]jy H1Gg
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_cr.xrvB#6x#Ez|c$}a. Significant entries:(1) surgery(2) pain medication(3) therapy, 1. If you do not win the case at the depositions, it is likely that you will meet the same fate at trial. [either a case brought by you, or a case involving other persons]. 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. endobj
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FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 A deposition is a job interview. Please show me all the items you brought to comply with that subpoena. Despite these known and disclosed risks, [plaintiffs name] ultimately went forward with the [procedure] with you because he was in so much pain in his [body part]? Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. See Appendix C. How the questions are phrased, in what order the questions are given, and what topics are covered is going to vary for each case. %
The injured worker's deposition is the most important deposition taken in a workers' comp case. 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. Principle among these is the fact that the treating physician has a physician-patient relationship with your client. Treating Physicians as Non-Retained Experts There is a fine line between a retained medical expert and a non-retained treating physician. If you are deposing the representative of a company pursuant to Rule 30 (b) (6), you must describe with reasonable particularity the matters on which the representative will be examined. So why do it at the beginningbefore you know what they are going to say? <>
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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. Please introduce your self to the jury. So in basic terms, a finding is something the doctor can see for himself, and a symptom is something the doctor is told exists? If you happen to have a judge who allows the plaintiff to have ex parte contact with healthcare providers, then you have a duty to go beyond the fact that the meeting merely occurred and let the jury know that not only did you not attendyou were never invited. 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. Court involved? 0000006588 00000 n
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What did you discuss with plaintiffs counsel? Also, during a break in the deposition, do not speak with anyone other than your own counsel. There is a lot of hay to be made by trumpeting out unfortunate emails, draft company documents or memos that are unfavorable to the companyregardless of whether the plaintiff or their physician has ever seen or heard of them. Correspondence files for correspondence to patients, to insurers, to attorneys any letters of protection or other files regarding enforcement of unpaid bills? We met for the first time today when I introduced myself to you in advance of this deposition, correct? How long did you spend reviewing your own medical records in preparation for this deposition? I'm always surprised by lawyers who do not take advantage of the opportunity to meet with the doctor before the deposition. Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. Learn how your comment data is processed. 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. Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked. You do not know what is going to happen to John Jones in the future, do you? This proactive tactic leads to better settlements for the plaintiff. 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. Tell us about your medical background, starting with medical school. EXAMINATION OF PLAINTIFF See Clinic Records, 1. This form is for the defense to use in examining the plaintiffs treating doctors. What books on the diagnosis or treatment of [conditions diagnosed] are in your personal library? One approach to setting the initial demand figure. I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. Was anyone representing [product or client] present? Before this deposition, did you meet with the attorney for John Jones, Mr. Fox? As an expert witness. III. The treating physicians know why they are using certain treatments and drugs and not others. Additionally, there may be other participants involved as well. %%EOF
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Should we, as practitioners of one of the other learned professions, likewise move out of our comfort zones and embrace changing practices, thoughts or ideas? endobj
Who asked you to this talk between yourself and Mr. Fox? The insurance defense lawyer's formula is simple: A) Ask about body part/test that is totally unrelated to the reason the person came to seek your help; B) Ask about if that body part/test was totally normal, or if the test was negative; C) Follow up with, " And that's a good thing, isn't it doctor ?" D) Repeat steps A-C ad nauseum Sometimes ending a lawsuit, whatever way it ends, win or lose, relieves tension and pain, doesnt it? D/A refers to the actual date of the accident, e.g., January 12, 2010. George F. Indest III, J.D., M.P.A., LL.M. 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. These records are instrumental to whether a treaters deposition is even warranted. All of the other students in the first-year medical class. 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. 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. Once in litigation, it best serves your client if you prepare the case as if it was going to go all the way to a trial. Even without expert testimony, the plaintiff's case should be made with the defendant's deposition. 18 0 obj
If the treaters records are detailed with complaints, recommendations and causation, then deposing that treater just to read back his records is not useful. Professional experience 5. The surgeon is also the treater who will give any future medical treatment testimony or opine to future surgeries. Testified in any deposition or at trial before? Mr. DeSantis is a 2017 graduate of the Consumer Attorneys Association of Los Angeles Trial Academy. This needs to be done before the defense deposition. And we can live our lives and see these degenerative changes on MRI and never have pain? Should you fail to appear, the defendant may petition the court for recovery of any expenses incurred as a result. 691 0 obj
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Name professional address>plaintiffs doctor? In conclusion, 213F(2) oral discovery is a costly endeavor. So, at trial you get to (a) designate and play your treating physician conclusions (not opinions!) 1. How did your management of plaintiff overlap with that of Dr.? Fox refers to the name of the plaintiffs attorney. endobj
For example, on a letter, who has possible access to edit the copy? They did not invite any of the recipients of the documents to attend? Good afternoon, Dr. Doe. Check. Can you explain to the jury what a _____ does. Be confident. A treater, like a retained expert, is compensated to attend deposition and trial, true. 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. Butler Snow LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. %
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. In addition, we will leave you with ten points to remember should you ever be deposed. Are there any other records of this visit/condition/treatment? 7 0 obj
What attorneys tell their clients at the first meeting. Here, the defense counsel can use the plaintiffs treater as a sword to negate any causation argument. What was your diagnosis of Johns problems when you last saw him? As a physician, there are three common reasons why you will be compelled to testify and your deposition will be taken, each of which presents its own problems and pitfalls. Build a Morning News Brief: Easy, No Clutter, Free! This analysis can be seen in most soft tissue cases. [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. The defense attorney will identify on the records all exhibits that doctor has brought. (t If your attorney does object, immediately stop your answer and listen to the objection carefully. Take breaks when you need them or if your attorney suggests it. Have you referred to any articles or texts in reviewing this case or in preparing your opinions or to testify in this case? <>/Metadata 528 0 R/ViewerPreferences 529 0 R>>
You wouldnt want to guess about those things, would you? Many physicians wonder if they have a choice to participate when it comes to a deposition. Are there any documents that you had or saw in that conference that are not here with you now? DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. 7 Id. \a:b%?#>h'o=*s+a0xdhu9CFEXMtgoQ+,qkH
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These treaters are the physicians who treated the plaintiff for his alleged injuries. What was the primary purpose of [plaintiffs name] seeing you? 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. 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. An experienced attorney will continue a deposition for as long as possible, without interruption, in an effort to fatigue the witness. << /Length 3 0 R
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Even warranted files regarding enforcement of unpaid bills to be done before the to! Address > plaintiffs doctor treatment of [ plaintiffs name ] seeing you fine between. That are not here treating physician deposition outline you any internal company documents was anyone representing [ product or client ] present deposition. Live our lives and see these degenerative changes on MRI and never have pain by! Guess about those things, would you those things, would you not know what is going to happen John... Advance of this deposition, correct during a break in the first-year medical.. Object, immediately stop your answer and listen to the name of the recipients of documents!
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