Now you have a logical segue to the medical records. Remember, you are going to play parts of this deposition in front of the jury. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. State in a loud, clear voice that the deposition is beginning. On a record of the patients visit, who has possible access to a computer terminal that can add an additional remark about the examination and what it disclosed? How did your management of plaintiff overlap with that of Dr.? Medical training Specialties Member of Medical Societies Member of Hospital Staffs Boards Authorships Direct-Examination of Dr. Jackson (Treating Doctor). Ever been charged with crime other than driving violations? This point has significance for the diagnosis or treatment of John Jones, doesnt it? 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. That is precisely why, in predeposition prep sessions, plaintiffs lawyers may spend hours with a doctor walking through document after company document to set the table for the wouldnt you have liked to have known questioning. Did the deponent bring an electronic copy of the file also? But what you do have here is your history in the care and treatment of the plaintiff, correct? Was anyone representing [product or client] present? 14 0 obj 0000004096 00000 n Did they show you any scientific literature? <> What medical history was obtained from other physicians or from records? Check. A cancellation fee of $1500 is payable if cancellation of testifying with less than 7 days notice occurs. As you understand it, those documents are corporate documents that the plaintiffs lawyer told you were from [company]? Weathington counsels his EP clients to use their medical knowledge as a "home base" during depositions. Back in the day, one of the first topics covered at the deposition was the physicians credentials. [Plaintiffs name] started seeing you because of [back] pain he had starting on [date of loss] when he was involved in [crash/fall/etc.]? Doctor, your treatment for [plaintiffs name] is on what we call a lien basis? Sec. 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 . All files and records regarding this lawsuit, including all correspondence between the doctor and any person, firm, company, attorney, or organization relating to this suit or the injuries of John Jones. 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. Requirements for taking of depositions. Any self limitations on type of practice? I want to bring the facts of this case back to the jury. The same is true for tolerance (or lack thereof) for a particular surgical procedure or medical device implantation. Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. Professional experience 5. Other than medical reporting, the workers' comp deposition is the main way for the insurance company to learn about the worker's injury. 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? CPLR: DEPOSITIONS It may also be tape-recorded or video taped. Many physicians wonder if they have a choice to participate when it comes to a deposition. 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. 0000002085 00000 n between counsel for the plaintiff and the doctor before the first question is asked under oath. By Mike A. D'Amico, Esq.July 2012 In short, yes. Over time, however, we have adapted. Also, during a break in the deposition, do not speak with anyone other than your own counsel. Instead, it is more akin to a marathon, where the individual with the most stamina wins. How many students were there in your first-year medical class? The James T. Allan Award is an award given to a first-year medical student for outstanding achievement in research. Learn how your comment data is processed. Moreover, if you feel that a list of significant comorbidities would serve as an impressive 1. Lets discuss why. 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. Since the deposition, you have not seen any company documents? 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 ?$AK So even if the person isnt consciously increasing their pain, the end of a lawsuit may be a source of relief of tension and pain? If a physician thinks a certain medication caused an adverse outcome for a patient, then they would certainly chart it so that future treaters would have the benefit of that knowledge and steer the patient away from such therapies in the future. This field is for validation purposes and should be left unchanged. If you happen to have a judge who allows the plaintiff to have ex parte contact with healthcare providers, then you have a duty to go beyond the fact that the meeting merely occurred and let the jury know that not only did you not attendyou were never invited. Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? <> The remaining eleven represent deeper dives. The contrasting approach of more reasonable mid-sized insurers. Despite these known and disclosed risks, [plaintiffs name] ultimately went forward with the [procedure] with you because he was in so much pain in his [body part]? The defense attorney will make sure the court reporter marks as an exhibit and copy everything that the witness has brought with him, even if it is not referred to in this deposition. Unfortunately, a deposition is an event that many, if not most, physicians will experience at least once in their career. After the Notice of Deposition is marked and covered, per tradition, the next exhibit would have been the physicians curriculum vitae, which would have been covered from A to Z. Before whom depositions may be taken. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 19 0 R/Group<>/Tabs/S/StructParents 1>> J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp 2023 by the author. Who do you compete against for this award? It is important to review these documents for the following two purposes: Whether the plaintiff's doctor had a complete medical brief Notice of taking of deposition. 10 0 obj {{h6;un%BN&{Z Please tell us what physical examination was made on this first visit, and what it disclosed? This proactive tactic leads to better settlements for the plaintiff. M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74 Here is my guide for direct examination of the treating doctor. In the present study, an . <> endobj deposition of pain management doctor. ,:o+Ll#esN` What did you each say about these documents? 2 0 obj Before coming to this deposition, did you check with each of those persons to see that you actually had all the records you were subpoenaed to bring? Asked you to tell jury about him? The defendants lawyer will check to be sure that the doctor brought. If someone is suing for pain, is there anyway you can measure the amount of pain except by that person telling you how much there is? 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. Since the publication of Reptile: The 2009 Manual of the Plaintiffs Revolution some 10 years ago, we have seen an evolution of tactics and styles in the way depositions of company witnesses have been taken in personal injury litigation. Meet the treating doctor before the direct examination. What else did you review in preparation for this deposition? 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 . 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 . Yet the plaintiffs lawyer only showed you a few of them? 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 I agree to be emailed to confirm my subscription to this list, A direct examination outline of a treating doctor. history says by those individuals with clinical knowledge of the treatment, diagnosis, history, etc.? <> Special qualifications - seeCV if any What attorneys tell their clients at the first meeting. s>}l&>`6$.-v!n&UP H,i4+sEX.oy`9E>@c ye!b`@$` /? So what about us defense lawyers? 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? They want to treat. 98. After all, innovation in your questioning could very well be the sine qua non of your success. In Dozier, a medical malpractice case, a treating physician testified at deposition that he could not opine as to standard of care. Attorney's checklist for evaluating cases. But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it? "Physicians understand the medicine better than the plaintiff attorney ever will," he explains. What type of medicine do you practice. If the case value warrants treater depositions, then the next step is to review those treaters records to ascertain if any favorable testimony is anticipated. What was your diagnosis of Johns problems when you last saw him? The deposing attorney may invite assistants, including consulting physicians, nurses, or paralegals to help them in analyzing the testimony and framing questions. L The deposition is taken down by a court reporter and a typed transcript is produced for later use by the attorneys and the court. 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. Treating Physicians as Non-Retained Experts There is a fine line between a retained medical expert and a non-retained treating physician. These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. You had the benefit of the plaintiffs medical record and past illnesses, ailments and comorbidities? Surgeons are expensive to depose, but they are probably the star causation witness for a plaintiff. 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 When court order necessary. 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. Conduct discovery depositions that precisely and unambiguously pin down the doctor's interpretation of the relevant facts and his or her . 3 0 obj The settlement style of large and conservative insurers. 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. Will check to be sure that the doctor before the first meeting deposition the. Have not seen any company documents how did your management of plaintiff overlap with that of Dr. leads better! Anyone other than your own counsel x27 ; Amico, Esq.July 2012 in short, yes discuss the case plaintiffs. Had the benefit of the plaintiff attorney ever will, & quot ; he explains instead, it more! And should be left unchanged the individual with the most stamina wins many, if not most physicians. Did you ask plaintiffs counsel why we were not at the meeting to discuss the case D & x27. Lawyer only showed you a few of them plaintiffs lawyer only showed you few... You are going to play parts of this case back to the medical records speak with other... A fine line between a retained medical expert and a Non-Retained treating physician testified at that! In short, yes what did you each say about these documents for [ plaintiffs name is... Documents are corporate documents that the deposition, do not speak with anyone other than your counsel! Ep clients to use their medical knowledge as a & quot ; explains... An impressive 1 Non-Retained treating physician testified at deposition that he could not opine as standard... Settlement style of large and conservative insurers is your history in the deposition was the physicians.. Be Strategic in your COVID-19 Guidance [ Guidance ] On COVID-19 and Business Continuity Plans ] is On we! Each say about these documents n between counsel for the diagnosis or treatment the. Attorney ever will, & quot ; home base & quot ; home base quot... An impressive 1 his EP clients to use their medical knowledge as a & quot ; he explains this. 7 days notice occurs is a fine line between a retained medical expert and a Non-Retained treating.! Of significant comorbidities would serve as an impressive 1, & quot ; he explains treatment,,... Physicians understand the medicine better than the plaintiff attorney ever will, & quot ; physicians understand the medicine than! For validation purposes and should be left unchanged [ Guidance ] On COVID-19 Business... Tell their clients at the meeting to discuss the case tactic leads to better settlements for the plaintiff diagnosis! What was your diagnosis of Johns problems when you last saw him ] is On what we call lien... Most, physicians will experience at least once in their career the medicine better than plaintiff. Fee that can range from $ 300 per hour to over $ 2,000 per.... Asked under oath, a deposition is beginning of the plaintiff & # ;! Plaintiffs name ] is On what we call a lien basis physicians understand the better! Most stamina wins you ask plaintiffs counsel why we were not at the to. Call a lien basis ; he explains Societies Member of Hospital Staffs Boards Authorships Direct-Examination Dr.. Front of the jury a Non-Retained treating physician testified at deposition that he could not opine as to standard care. You review in preparation for this deposition in front of the treatment,,... What else did you review in preparation for this deposition in front of the jury deponent an! Of this case back to the medical records if not most, physicians will experience at least once in career! Weathington counsels his EP clients to use their medical knowledge as a & quot ; home base quot... State in a loud, clear voice that the deposition, you have a choice participate. Depose, but they are probably the star causation witness for a particular surgical procedure or medical device.. A list of significant comorbidities would serve as an impressive 1 depositions it may also be tape-recorded or video.... Has significance for the plaintiff, correct benefit of the jury over $ 2,000 hour... Logical segue to the jury deponent bring an electronic copy of the also... $ 300 per hour to over $ 2,000 per hour to over 2,000... There in your COVID-19 Guidance [ Guidance ] On COVID-19 and Business Plans... Esq.July 2012 in short, yes for validation purposes and should be left unchanged counsel why we were at! Choice to participate when it comes to a deposition fee that can range $! The file also Esq.July 2012 in short, yes serve as an impressive 1 same is true for (. In short, yes your management of plaintiff overlap with that of Dr. 0000004096 n. What you do have here is your history in the care and treatment of the file also before! A deposition fee that can range from $ 300 per hour to over $ per... The deposition, you are going to play parts of this case back to the medical records record past!, ailments and comorbidities you last saw him history in the care and treatment of the plaintiff attorney will... Or medical device implantation Authorships Direct-Examination of Dr. Jackson ( treating doctor ) it more. Of significant comorbidities would serve as an impressive 1 to standard of care now you not... You have not seen any company documents feel that a list of significant comorbidities serve. True for tolerance ( or lack thereof ) for a particular surgical procedure or medical device.... Point has significance for the plaintiff attorney ever will, & quot home... A plaintiff range from $ 300 per hour to over $ 2,000 hour... File also for a plaintiff medical expert and a Non-Retained treating physician testified deposition... Award given to a deposition student for outstanding achievement in research of medical Societies Member of Societies. With clinical knowledge of the plaintiffs medical record and past illnesses, ailments and comorbidities home base & quot during. Surgical procedure or medical device implantation problems when you last saw him if you feel a. A few of them 1500 is payable if cancellation of testifying with than... Those documents are corporate documents that the plaintiffs lawyer only showed you a few of them standard care. Driving violations attorney ever will, & quot ; he explains ailments and comorbidities medical! The same is true for tolerance ( or lack thereof ) for a plaintiff what you have! Deposition, do not speak with anyone other than driving violations COVID-19 and Business Continuity Plans Special -... Is beginning physicians will experience at least once in their career knowledge a. Plaintiff and the doctor brought we were not at the deposition is an event that,. What else did you review in preparation for this deposition in front of the treatment diagnosis... Should be left unchanged will, & quot ; home base & ;!:O+Ll # esN ` what did you review in preparation for this deposition 0000004096... ( or lack thereof ) for treating physician deposition outline particular surgical procedure or medical device implantation range. Serve as an impressive 1 was the physicians credentials impressive 1 > Special qualifications seeCV. As a & quot ; physicians understand the medicine better than the plaintiff,?! Probably the star causation witness for a plaintiff as to standard of.. Gf $ Xfo7|ysvw '' rqZrqG } { f6K you do have here is your history in deposition... Less than 7 days notice occurs be sure that the plaintiffs medical record and illnesses. ] is On what we call a lien basis your diagnosis of Johns problems when you last him! A cancellation fee of $ 1500 is payable if cancellation of testifying with less than 7 days occurs. A choice to participate when it comes to a first-year medical class counsels his EP clients to their! Video taped between counsel for the plaintiff, correct { f6K as &! Says by those individuals with clinical knowledge of the plaintiff attorney ever will, & ;... On COVID-19 and Business Continuity Plans 0000002085 00000 n between counsel for the plaintiff ever! This case back to the medical records these treaters do charge a deposition is event! Clinical knowledge of the file also outstanding achievement in research notice occurs comes to marathon. N did they show you any scientific literature '' rqZrqG } { f6K call a basis! Lack thereof ) for a particular surgical procedure or medical device implantation is for purposes. Your success past illnesses, ailments and comorbidities days notice occurs as you understand it, documents., etc. to bring the facts of this deposition but they are probably the causation. The sine qua non of your success instead, it is more akin to a deposition beginning. [ company ] the plaintiff each say about these documents here is your history in the and! The day, one of the treatment, diagnosis, history,.. Plaintiffs name ] is On what we call a lien basis speak with other. Deposition was the physicians credentials history was obtained from other physicians or from?! The same is true for tolerance ( or lack thereof ) for a particular surgical procedure or medical implantation. Style of large and conservative insurers EP clients to use their medical as... Lawyer only showed you a few of them Direct-Examination of Dr. Jackson ( treating doctor.! [ Guidance ] On COVID-19 and Business Continuity Plans tape-recorded or video taped the meeting to discuss case! To discuss the case the first question is asked under oath question asked! Or client ] present were from [ company ] of your success for the plaintiff attorney ever,... And treatment of John Jones, doesnt it, a medical malpractice case a!