And then on top of those two things, that is when you look at an MRI to correlate all the findings together? 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. 0000000016 00000 n 0000002085 00000 n You have testified in the past as an expert on other cases on reasonable cost of medical treatment? 8 Id. Deposing a plaintiffs treaters should be on a case by case basis. And the contents in this report and truthful, accurate, and reliable? Now you have a logical segue to the medical records. Hospital privileges ever denied? If they are numerous, authenticate and mark each individual medical record that identifies a history of infarctions, diabetes, smoking, noncompliance, etc. The witness was then provided additional medical records after deposition and before trial, with no . Do you have a copy of the transcript of your testimony? These records are instrumental to whether a treaters deposition is even warranted. 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? These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. stream (4,ro; Some records contain statements about pre-existing physical conditions or reference chronic symptoms. Why do they cause those same symptoms? 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? The defendants lawyer will specifically ask if the following are present now in the room. Trust your lawyer to monitor your stamina and coherence. Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. What was your testimony about? TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. Check. It does not matter that the doctor has not seen the documents, that the documents have little or nothing to do with the science of medicine surrounding the product, or that the documents are in no way temporally related to the care and treatment of the patient. How did your management of plaintiff overlap with that of Dr.? Pursuant to the . And you did all three of those things for [patients name]? Why won't the insurance company for the person or company who caused my injuries automatically pay my medical bills as they occur? Additionally, if the physician wishes to charge for his time, he should work this out with counsel prior to the deposition. When you see a patient for the first time, you want to know the history? Was John your patient or of your clinic/medical organization before D/A? endobj I use them as a reminder list to be sure I cover each point I need to cover. 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. The defense attorney will identify on the records all exhibits that doctor has brought. <<8C151ED5F53D3C45872ADFD1BAFF7038>]/Prev 350918>> hbbd``b`$[AO Did you personally review x-rays or tests that you relied on? 3410 Far West Blvd., Ste 235 . Of course not. 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]. Are there any documents that you had or saw in that conference that are not here with you now? Many things about the future of persons that have injuries like John Jones cannot be predicted with certainty, isnt that true? 1. Tell us some of the things that you cannot predict with certainty about John Jones? These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. While it certainly will not fit every situation, there are times when some of this approach can have a positive impact on the outcome of the case. Alarm fatigue is a safety and quality problem in patient care and actions should be taken to reduce this by, among other measures, building an effective safety culture. 2. Is deposing a plaintiffs treating physicians worth it for the defense attorney? And you also need to examine the patient to determine what continues to hurt them? The first time you saw the documents were before today where you are being recorded and have been sworn in under oath? endobj However, providing prior records risks transforming the non-retained treating physician into a retained expert. Was the treatment you gave John Jones successful? hVo0O#{XUI0M`HUB6L;'vjk #1b.p-aMOX%pe9l48JX2Eg_3M8]NGUkzKphf=|N-I$T$Lgt:%NCQ~n9+|5h]h;,mgwbj }wz E/SR'#A`X?)6yCd\mMN=9U'vWUuEm.gr7 Ot8buqV5g"!OLUW\Ck,DIB1$ QJOW Always request to review the transcript! 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. 0000095064 00000 n 698 0 obj <>/Filter/FlateDecode/ID[<352186D50418074EACA279C3AF9D6495><290B7E37AE5F8F4E8C51CFCC6B763D9B>]/Index[691 18]/Info 690 0 R/Length 56/Prev 66248/Root 692 0 R/Size 709/Type/XRef/W[1 2 1]>>stream You want to put what they are telling you in terms of their presentation into context? Know the doctor's file / report better than opposing counsel Do Internet research to understand the medical issues Know the law - "medically distinguishable" Call the doctor ahead of time if possible Show up in advance of deposition to discuss testimony Don't be afraid to cancel a deposition . For physicians, depositions are stressful and unnatural experiences. Mechanics of how accident causes these injuries2. Follow his instructions and do not be intimidated by the examining attorney. )f^_,FNfP\!vL*\UIQ@ /p0933L\>cK;S$ W=T3-uDA8$[S'Gb/@b)_ePdH) wF~0K^zE/=2Z\ M(%Lb&X&g+|yY\3+$_ >Km-F?P(S2::EGG(ax@hF( 15 0 obj What to ask in the treating doctors deposition. For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved. 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 . Special qualifications seeCV if any1) publications/honors/societies, B. Hq'&F&'  Before this deposition, did you meet with the attorney for John Jones, Mr. Fox? endstream endobj startxref 0000006588 00000 n 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. 9 0 obj But the treater actually treated. Here, the defense counsel can use the plaintiffs treater as a sword to negate any causation argument. At the time of John Jones first visit with you, you did not record John Jones having __________, did you? Video-recording the deposition and using it in trial. Leave with a better understanding of the overall deposition process. <> How many students were there in your first-year medical class? 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 In my experience, an early settlement offer before entering F2 oral discovery is the best approach. 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. As a defense lawyer, it is important that you are aware of conversations, meetings, teleconferences, communications, etc. 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? In her request for costs, plaintiff seeks compensation for the deposition testimony of her treating physician Dr. Donald Peghee at a rate above the statutory "fact witness" rate of $40 per day. 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? {{h6;un%BN&{Z Did you make a differential diagnosis to distinguish other causes of John Joness symptoms? Tried, settled or still ongoing? 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. If someone has a broken bone, you can see that on an x-ray and it is called an finding, isnt it? 7 Id. 2. 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. And the jury will be more inclined to believe your testimony. A cancellation fee of $1500 is payable if cancellation of testifying with less than 7 days notice occurs. hb```xX Court involved? (If the operative report is good for you, why not admit into evidence!). In order to prevail in a medical malpractice case, the plaintiff must prove that the defendant health-care provider breached the prevailing standard of medical care. Why video-record your clients treating doctors deposition. [Plaintiffs name] became your patient when he came to see you on [enter first date of treatment]? K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! 16 0 obj 6 0 obj Cooperative with you re treatment, Your email address will not be published. You did not even know the plaintiffs lawyer was going to show you [company documents]? We met for the first time today when I introduced myself to you in advance of this deposition, correct? The deposition is taken down by a court reporter and a typed transcript is produced for later use by the attorneys and the court. Unfortunately, a deposition is an event that many, if not most, physicians will experience at least once in their career. A treating physician who has spent a substantial amount of time with the plaintiff, and who is intimately familiar with his medical history and prognosis, may be in a unique position to provide opinions concerning plaintiff's injuries, past and future . One treater that is normally deposed is the surgeon. ~Z#'tqkCIj.Qft&QR Do you have a copy of the transcript of your testimony? Have you ever been contacted by an attorney who represents the plaintiff in [current] litigation? _Y>#Bx/:]jy H1Gg t0v]ge vKe!x8HJe^GL)4Dz:Js wKen~^xm]v\p&0CLjWhvw`A^//OU&w\%.2k|rql;)hV:z,t`wr#ps#n%#vflnfkaea]NcV1 _cr.xrvB#6x#Ez|c$}a. Many physicians wonder if they have a choice to participate when it comes to a deposition. What was content of report?). Mechanical Aids Special Studies (electronic studies, lab tests, x-rays)? When court order necessary. endobj Names of parties? He can be reached at ddesantis@alderlaw.com. deposition treating physician. Checklist of items to maintain and bring in. The retained expert can come across as a hired gun. Plaintiffs lawyer was going to show you [ company documents ] saw the documents were before today where are... Down by a court reporter and a typed transcript is produced for later use the... 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