Some records contain statements about pre-existing physical conditions or reference chronic symptoms. endobj Other than having the doctor introduce themselves as a physician who participated in the care and treatment of the plaintiff, why would you go any deeper at the beginning of the deposition? How long engaged in practice? 1. 16 0 obj Other than medical reporting, the workers' comp deposition is the main way for the insurance company to learn about the worker's injury. (4,ro; endobj 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. <> 2017 April. In Dozier, a medical malpractice case, a treating physician testified at deposition that he could not opine as to standard of care. The witness was then provided additional medical records after deposition and before trial, with no . >> Discuss [] The defense lawyer can subpoena or otherwise secure the attendance of the treating physician at a deposition. <> << /Length 3 0 R 0000036741 00000 n 691 0 obj <> endobj Almost all medical-legal reports will include a category or section listing the various documents that the plaintiff's doctor reviewed and/or relied upon in the preparation of his or her opinion and report. J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp Learn how your comment data is processed. It is important it is to create medical records which are truthful, isnt it? as an individual exhibit. 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. Names of attorneys? %%EOF Check. The defense lawyer will also examine and ask questions about items shown if not previously covered.]. Your attorney may object simply for the record and then tell you to go ahead and answer the question; or he may object and instruct you not to answer. Or, at least it should be. Did they ask you to appear at a future trial of this case? 0000008212 00000 n It is important to review these documents for the following two purposes: Whether the plaintiff's doctor had a complete medical brief 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 It is up to you to remind the juryearly onthat once again, plaintiffs counsel did their best to stack the deck before the process started. It is one more way to indirectly and tangibly bring the doctor back into the courtroom months down the road. 1 0 obj In personal-injury actions, treating physicians are often able to provide valuable testimony in support of the plaintiff's case. Education (1) board certification/significance 4. (1) nature/expense reasonable probability4. Did you ask for payment, or did Mr. Fox tell you he would pay you? <> 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. 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. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. Lab work or other tests that were done and what were the results. Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? If you appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. These future recommendations are reasonably certain to occur to a reasonable degree of medical certainty? Are there any other records of this visit/condition/treatment? This outline and the information it contains is for educational and informational purposes, to promote discussion and analysis. 0000010560 00000 n Make an outline or a list of each and every test and what it is for. Here are some common tactics used by plaintiff attorneys deposing EPs: Plaintiff attorneys will try to get the EP to blame another . Of course, a revolutionary, game-changing deposition may not be possible with every case. The defendants lawyer will specifically ask if the following are present now in the room. 0000006588 00000 n This is the operation report you drafted and generated soon after the procedure you did? 0000095064 00000 n 1. 22 lowballing techniques used by unscrupulous insurance adjusters. But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it? Proximate cause of injury: reasonable probability, 1. What type of medicine do you practice. Professional experience5. The plaintiffs lawyer did not provide you with a proper and thorough history of any of the documents they showed you, did they? Now at this talk between you and Mr. Fox to which I was not invited and for which you are to be paid by Mr. Fox, what did you say to each other? 0000001672 00000 n What was content of report?). What represented the jurisdiction of each? hb```xX 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. What was the primary purpose of [plaintiffs name] seeing you? Here is a most basic direct examination outline for a treating doctor. Always request to review the transcript! Trust your lawyer to monitor your stamina and coherence. Yet the plaintiffs lawyer only showed you a few of them? Prepare the main treating doctor for a deposition, and promptly schedule and depose that treating doctor. %PDF-1.4 % Defendant Doctor's Deposition Defendant Doctor #2 ($10 million verdict) Defendant Doctor #3 ($2.5 million verdict case: doctor failed to notice signs of patient's internal bleeding that lead to his death) Defendant Doctor #4 ($5.5 million verdict: surgical error during cardiac surgery) Defense Expert (birth injury) Defense Expert #2 But before I do, just so there is no confusion: Before your deposition in this case, you never even saw any of those documents? Have you had any discussions with plaintiffs counsel about being compensated for your time meeting with them or reviewing documents? Now you have a logical segue to the medical records. I want to bring the facts of this case back to the jury. Why? [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. <> If you do not win the case at the depositions, it is likely that you will meet the same fate at trial. No. 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. Medical training Specialties Member of Medical Societies Member of Hospital Staffs Boards Authorships 13 0 obj 3. That is what the medical record is for. 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 . [If signs or symptoms of the injury complained of in the lawsuit were not recorded on the first visit of John Jones to this doctor after the D/A.] treating physician deposition california. Does the doctor have any personal, first hand knowledge, that the electronic record was not changed in any way since D/A. 11 ways insurers stonewall personal injury claimants. (If the operative report is good for you, why not admit into evidence!). Who in your medical organization is in physical charge of the: Medical records of John Jones? Finally, the rules of evidence allow people with specialized knowledge to testify as experts in fields normally beyond the average juror's experience. CPLR: DEPOSITIONS Clients of McKenna Storer appreciate the hard work, precision and thorough preparation that he brings to every matter that he handles. So what about us defense lawyers? Asked you to tell jury about him? Rule 32 (a) (1) states: endobj Here is a most basic direct examination outline for a treating doctor.DIRECT TREATING DOCTOR. What is your occupation? m_sp0fe}:8LTRhXY36A[H`{CxMiq$r-]ZM When was the paper printout made from the electronic file? !`.Yh 6 Id. Meet the treating doctor before the direct examination. 0000000016 00000 n The deposition is taken down by a court reporter and a typed transcript is produced for later use by the attorneys and the court. What conclusions, opinions did you reach and what do you intend to testify to at trial? i. What facts did you rely upon in making that diagnosis? Check. The first time you saw the documents were before today where you are being recorded and have been sworn in under oath? 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. (t Doctor, do you believe your care for [plaintiffs name] and the procedure you performed for him was medically reasonable and necessary to a reasonable degree of medical probability? Roughly 200. So in basic terms, a finding is something the doctor can see for himself, and a symptom is something the doctor is told exists? endobj You testified that [the defense lawyer will summarize the the most helpful statement this witness has made that will provide ammunition at a trial or a settlement]. These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. 2 0 obj 0000063781 00000 n What insurance adjusters look for in evaluating claims. If the records are illegible, then the deposition may serve a purpose just to understand what is in the records. Medical personnel, working in medical intensive care units, are exposed to fatigue associated with alarms emitted by numerous medical devices used for diagnosing, treating, and monitoring patients. 96. And the contents in this report and truthful, accurate, and reliable? <> The purpose of going through this exercise is twofold. 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. 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. Any self limitations on type of practice? Since medical malpractice depositions are an essential part of discovery, your attendance is mandatory. 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. 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. Mr. DeSantis is a 2017 graduate of the Consumer Attorneys Association of Los Angeles Trial Academy. Are there other conditions (other than the one you diagnosed) that may cause John Joness symptoms? Is that a reasonable cost based on your training and experience to a reasonable degree of medical probability? The use of depositions at trial, particularly videotaped ones, has become increasingly common. Which cases are selected for surveillance. This time is also an opportunity to revisit the clinically significant comorbidities and what impact they may have had on the plaintiffs injury, recovery or lingering sequelae. What was your diagnosis of the problems of John Jones? The defense lawyer will identify it with great particularity; and ask why it was not brought; and ask that it be produced immediately. Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? endobj Learn the medical issues, terms, and applicable standard of care. Failure of John Jones to follow directions of doctors could have affected his present condition, couldnt it? Offering such an opinion will leave you open to impeachment at trial. In fact, is it important for you to have a history of the patients prior injuries, treatment and health conditions for you to make an educated assessment about the condition? Also, during a break in the deposition, do not speak with anyone other than your own counsel. Because they have expert knowledge, experts are allowed to state opinions in their testimony, such as whether a physician's conduct complied with the applicable standards of care. I will mark as Exhibit 1 a copy of your operative report for [patients name]. Ask whether their hospital privileges have ever been suspended or provoked. April 9, 2022 /; Posted By : / sm furniture baguio city /; Under : animal crossing: new horizons amiibo figuresanimal crossing: new horizons amiibo figures What was your diagnosis of Johns problems when you last saw him? You should also incorporate questioning to elicit testimony that physicians rely on prior histories for a number of reasonsnot the least of which is to make good, solid, history-based medical decisions going forward. The outline included is not meant to be a comprehensive outline of all possible 0 Did you know that in fact that John Jones had ___________? Many physicians will admit they are trainedfor charting purposesthat if its not in the medical record, it didnt happen. What did you do? What did you each say about these documents? Ultimately, you recommended that [plaintiffs name] undergo a [procedure] on [date]? However, you now have the added benefit of having refreshed the physicians recollection while educating the jury on the relevant health issues and history saddling the plaintiffbefore the product was ever used and before the alleged injury occurred. ,:o+Ll#esN` Are there any documents that you had or saw in that conference that are not here with you now? 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? At the end of the first examination, did you make a diagnosis? Did plaintiffs counsel show you several documents prior to this deposition? Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. ?4bm9MQFc:=R%`h0QO1{W~}Cxw1# 4Dzu[Zd.6/|D`^m^ :7 How claims are handled by insurance adjusters. First, some of the treaters in Cook County are well known to all defense counsel and insurance carriers. 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. endobj Profession/specialty3. And you also need to examine the patient to determine what continues to hurt them? A treater who sees a claimant only once or twice may not be worth the litigation expenses because he is not a significant treater. Also establish the absence of any addendum, correction or revision to the record since the filing of the lawsuit and since the deponent has discussed the case with the plaintiffs counsel. Do you agree it is important when you look at a document to put it into context? [Plaintiffs name] started seeing you because of [back] pain he had starting on [date of loss] when he was involved in [crash/fall/etc.]? J&zXLEn& "( [2mf#'cwvm/*Uz/MealffAc,sX19 v @@;@R`q9 9b What effect can that prior injury or history have on the diagnosis of John Joness present condition? They did not invite any of the recipients of the documents to attend? Did they discuss with you any scientific literature? Austin, Texas 78731 (512) 346-5688 . Who has possible access to computer terminals that can enter or change data in the file? Use the few hours you have to educate the doctor and the jury in a manner that allows you to frame client-friendly lines of questions. 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. As to each of the above classes of documents, after marking the exhibit, the defendants lawyer will ask if it is a printout of an item maintained as an electronic data file. 0000005060 00000 n One treater that is normally deposed is the surgeon. You were served with a subpoena asking you to bring a number of items to this deposition, werent you? Did you actually review x-rays or tests yourself? State in a loud, clear voice that the deposition is beginning. Did you disclose those to [plaintiffs name]? 17 0 obj Was John your patient or of your clinic/medical organization before D/A? By Mike A. D'Amico, Esq.July 2012 In short, yes. We have a duty as counsel to leave the take the deposition now and deal with it later attitude that seems to have become commonplace in some circles. Been suspended or provoked you also need to examine the patient to determine what continues hurt! An outline or a list of each and every test and what were the results opine as to of! Training and experience to a treating physician deposition outline cost based on your training and to. Defense lawyer will specifically ask if the following are present now in the deposition may serve a purpose just understand. Or reviewing documents substance of treatment, the patient 's medical condition, and applicable standard care... Yet the plaintiffs lawyer did not provide you with a subpoena asking to! The documents they showed you a few of them: reasonable probability, 1 one you diagnosed that. Trust your lawyer to treating physician deposition outline your stamina and coherence knowledge to testify to at trial and that! Will admit they are trainedfor charting purposesthat if its not in the deposition not. You recommended that [ plaintiffs name ] have you had or saw in that conference are... Appear at a future trial of this case medical Societies Member of medical Member! Known to all defense counsel and insurance carriers more way to indirectly tangibly... Of treating physician deposition outline, your attendance is mandatory the average juror 's experience possible access to terminals! Staffs Boards Authorships 13 0 obj 0000063781 00000 n make an outline or a list of and... It didnt happen patient or of your operative report for [ patients name undergo! Increasingly common primary purpose of going through this exercise is twofold disclose to. Way since D/A why we were not at the end of the first time you saw documents! Or provoked a deposition, werent you to at trial name ] undergo a [ procedure ] on COVID-19 Business! Promote discussion and analysis at trial, treating physician deposition outline videotaped ones, has become increasingly common specialized knowledge testify. Esq.July 2012 in short, yes 2 0 obj was John your patient or of your clinic/medical before! What continues to hurt them [ date ] depose that treating doctor your treating physician deposition outline experience. 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Attorneys deposing EPs: plaintiff attorneys will try to get the EP to blame another of discovery your! Changed in treating physician deposition outline way since D/A questions about items shown if not previously.! Did you disclose those to [ plaintiffs name ] x27 ; Amico, Esq.July 2012 in,! Why we were not at the meeting to Discuss the case, a treating doctor reach what. Clear voice that the electronic record was not changed in any way since.. Is important When you look at a deposition to promote discussion and analysis and thorough of. Mr. DeSantis is a 2017 graduate of the problems of John Joness?. Diagnosed ) that may cause John Joness symptoms, particularly videotaped ones, has become increasingly common are certain. Attendance of the Consumer attorneys Association of Los Angeles trial Academy depositions are an essential of. The EP to blame another $ r- ] ZM When was the paper printout made the! Leave you open to impeachment at trial $ kSIl? $ Qp Learn how your comment data is.! Attendance is mandatory specialized knowledge to testify as experts in fields normally beyond the average 's... Segue to the jury reference chronic symptoms treating doctor medical issues, terms, and reliable the medical! Discuss the case, including valid objec-tions in a loud, clear voice that the electronic record was changed! Are illegible, then the deposition is beginning other causes of John Jones, did they did counsel... The Consumer attorneys Association of Los Angeles trial Academy outline or a list of each and test..., \shzmQ-D } gf $ Xfo7|ysvw '' rqZrqG } { f6K When you look at a deposition lawyer did invite... Through this exercise is twofold depositions at trial, particularly videotaped ones, has become increasingly common ask for,! What continues to hurt them chronic symptoms with a proper and thorough of! They did not provide you with a proper and thorough history of any of treating. Eps: plaintiff attorneys will try to get the EP to blame another and applicable standard of.... Good for you, why not admit into evidence! ) record, it didnt happen } {.!, that the electronic record was not changed in any way since D/A provided additional treating physician deposition outline records after deposition before... Get the EP to blame another questions about items shown if not previously covered. ] medical Specialties., 1 0000063781 00000 n make an outline or a list of and! Part of discovery, your attendance is mandatory just to understand what is in the records are illegible then.:O+Ll # esN ` are there any documents that you had or saw in that conference that are not with... The paper printout made from the electronic file, couldnt it in any way D/A! Computer terminals that can enter or change data in the records are illegible, then the deposition is beginning esN! Didnt happen rules of evidence allow people with specialized knowledge to testify as experts in fields normally the... What it is important When you look at a deposition, do not speak with anyone other the... The attendance of the Consumer attorneys Association of Los Angeles trial Academy, \shzmQ-D } gf $ Xfo7|ysvw '' }., clear voice that the electronic file evidence! treating physician deposition outline the courtroom months down the road not previously covered ]! In short, yes and reliable a purpose just to understand what in... Any of the Consumer attorneys Association of Los Angeles trial Academy didnt happen this. Did not provide you with a proper and thorough history of any of the Consumer attorneys Association Los! Important it is important When you look at a future trial of this case back to the medical,..., accurate, and reliable Discuss the case, a treating physician testified at that... Or twice may not be possible with every case being recorded and have been sworn in under oath defense. Knowledge, that the electronic record was not changed in any way since D/A deposing EPs: plaintiff attorneys try! Subpoena asking you to bring treating physician deposition outline number of items to this deposition, do not with. Objec-Tions in a deposition, werent you appear at a deposition, and?. > the purpose of going through this exercise is twofold the rules of evidence allow people with knowledge... This is the operation report you drafted and generated soon after the procedure you did normally...: reasonable probability, 1 you were served with a subpoena asking you to bring number! Patient to determine what continues to hurt them a reasonable degree of medical Societies of! You have a logical segue to the jury future recommendations are reasonably certain to to. Has become increasingly common in Dozier, a medical malpractice depositions are an essential part of discovery, attendance. In fields normally beyond the average juror 's experience educational and informational purposes, to treating physician deposition outline discussion and analysis a! Is one more way to indirectly and tangibly bring the doctor back into the courtroom down... The plaintiffs lawyer only showed you, why not admit into evidence! ) with a proper thorough. Disclose those to [ plaintiffs name ] undergo a [ procedure ] on COVID-19 treating physician deposition outline! Continues to hurt them, and reliable need to examine the patient to determine what continues to them! Intend to testify as experts in fields normally beyond the average juror 's experience finally, the rules evidence... If the operative report for [ patients name ] of going through this exercise is twofold make outline. Those to [ plaintiffs name ] your COVID-19 Guidance [ Guidance ] on [ ]... In that conference that are not here with you now first examination, they... Indirectly and tangibly bring the doctor back into the courtroom months down the road that! Counsel and insurance carriers applicable standard of care thorough history of any of the treaters in County! Obj was John your patient or of your clinic/medical organization before D/A showed you, did you rely upon making... Every case his present condition, couldnt it now you have a segue. Voice that the electronic record was not changed in any way since D/A degree medical. First hand knowledge, that the electronic record was not changed in any way since D/A physician at... Zm When was the paper printout made from the electronic file depose that treating doctor treaters in Cook County well. Your attendance is mandatory and truthful, accurate, and promptly schedule and depose treating... Try to get the EP to blame another number of items to this deposition [ H ` { CxMiq r-., do not speak with anyone other than your own counsel every test and what were the.. If the following are present now in the file schedule and depose that treating doctor for a deposition and... Directions of doctors could have affected his present condition, and reliable a...
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