treating physician deposition outline

endstream endobj 219 0 obj<>>>/LastModified(D:20050228222700)/MarkInfo<>>> endobj 221 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>>/StructParents 0>> endobj 222 0 obj<> endobj 223 0 obj[/ICCBased 240 0 R] endobj 224 0 obj<> endobj 225 0 obj<> endobj 226 0 obj<>stream Do they have any disciplinary issues? Date of suit? Name professional address>plaintiffs doctor? The trusted source for healthcare information and CONTINUING EDUCATION. endobj They are used to just doing things, but are not thinking about all the different algorithms that go into those decisions. EPs should consider why they use a particular type of suture material, for instance, or why they order a CT scan. WebA treating physician who has gained special knowledge concerning the market value of medical services through his or her own practice or other means independent of the

0000008212 00000 n Kimberly L. Beck is an associate at Ulmer & Berne LLP in Cincinnati, Ohio. Plaintiff attorneys commonly ask multiple-part questions. 0000005060 00000 n endobj The disorienting effect on the doctor may result in a more genuine answer instead of a canned and prepared response. The most critical aspect in the defense of a medical malpractice lawsuit is the deposition of the physician defendant. They do not have a clear explanation of what they did and why., In many depositions reviewed by Burton, EPs gave answers that werent responsive to the question being asked. <]>> Is that correct? endobj In the below checklist, the plaintiff is referred to as John Jones and Willy Fox or Mr. Permanent injury?2. If so, it will significantly change the perspective of the defense attorney, the hospital, or the insurance company on whether the case should settle and for how much, in a way thats going to be adverse to the EP, warns, , MD, chair of the Department of Emergency Medicine at Carilion Clinic in, The Connection Between Bereavement, Sleep, and Inflammation, Prosocial vs. Self-Rewarding Behavior and Their Effects on Stress Recovery, Nursing Notes Can Become Unexpected Problem for EP During Med/Mal Litigation, Less-than-honest Responses? Plaintiff attorneys will try to get the EP to blame another provider. This point has significance for the diagnosis or treatment of John Jones, doesnt it? At the end of the first examination, did you make a diagnosis? Lets discuss why. Pattern questions and outlines supported by tactics, medicine, and four-color illustrations One approach to setting the initial demand figure. startxref Since the majority of medical malpractice actions are concluded prior to trial, the deposition is often the best opportunity to directly influence the ultimate outcome of the case. They may start giving shorter answers and stop offering opinions or elaborations. The patient may have decompensated anyway, or It is a horrible illness the patient had. 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. See Appendix C. How the questions are phrased, in what order the 218 28 For example, this term Secondary Gain is often used by doctors dealing with chronic pain management, isnt it? 14 0 obj endobj WebAt a deposition, the goals of the patients attorney are to commit the physician to a set of facts and to assess the strengths and weaknesses of the physician as a witness. Do you consider those reliable authorities?. Confronting the expert with inconsistencies. {{currentYear}} American Bar Association, all rights reserved. However, even the best deposition takers can improve. 0000009863 00000 n M2DH) ,B;02ZMz5)Ro" FTK 8TR-N>5jdHYLJ_#ioS~tofc:&Kltv74

endobj 166 0 obj <> endobj If a dog bite wound sutured by the EP later became infected, a plaintiff attorney may allege the care was inappropriate and constitutes malpractice. 0000002023 00000 n <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endobj treating physician deposition outline. 0000003549 00000 n WebA deposition is the questioning of a witness under oath outside of a courtroom. Web+254-730-160000 +254-719-086000. info@meds.or.ke

Tell us some of the things that you cannot predict with certainty about John Jones? 0000064012 00000 n Court involved? 0000036741 00000 n xref Call 800.211.3376 for coverage in any location. 0000004922 00000 n Webobjectives for taking the deposition. Uncovering areas of bias. Depositions 101 Deposing the Plaintiff IADC. Which cases are selected for surveillance. <> If you are

Court Reporters Say Time Demands, Safety, Audio Quality Support Preference for Remote Depositions, Do Not Sell or Share My Personal Information, Transparency in Coverage & Consolidated Appropriations Act, 2021. When was the paper printout made from the electronic file? 11 ways insurers stonewall personal injury claimants. Is your Here are some common tactics used by plaintiff attorneys deposing EPs: Plaintiff attorneys will try to get the EP to blame another provider. A physician being deposed as a defendant must prepare by meeting with his/her attorney and reviewing the issues likely to arise during the proceedings. That will come across very poorly to a jury, or to anybody reading the deposition.. endobj Please tell us what physical examination was made on this first visit, and what it disclosed? Education(1) board certification/significance4. However, even the best deposition takers can improve. 0000003522 00000 n What is their standard procedure regarding patients in similar situations, and did they follow their standard procedure in this case? . 0000004489 00000 n Was the treatment you gave John Jones successful? This is a really common lawsuit, says Burton. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2860 Piedmont Rd NE #210 WebTreating physician Reviewing medical records Is Plan consistent with any discharge plan from treatersiv. Courts have held that it is not enough for the life care planner to send a fill in the blank letter asking the physician for his/her opinions on future treatment. If two providers are pitted against each other, it tends to escalate very quickly.

Future treatment required? If it is maintained as an electronic data file the lawyer will ask: When you were asked to testify about John Jones, did you have an independent recollection of John Jones, or did you have to review your medical records? Who saw John Jones on this first occasion, and why was John Jones seen? 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? WebBASIC OUTLINE QUESTIONS FOR DOCTOR'S DEPOSITION Standard Checklist of Issues 1. Every attorney has a deposition style all their own. Ask whether their hospital privileges have ever been suspended or provoked. J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp WebGoals for Deposing the Doctor Identifying precisely the experts opinions. endobj

What documents did Mr. Fox show you, and what documents did you show Mr. Fox? What was your diagnosis of the problems of John Jones? Date of suit? How does my lawyer make sure that the doctors and medical facilities will get paid? 0000071669 00000 n The defense attorney will identify on the records all exhibits that doctor has brought. Along Mombasa Road. K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! WebC. How much of your business involves reviewing films were the patient is not involved in the lawsuit and you are doing it from a healing standpoint. 0000005790 00000 n I use them as a reminder list to be sure I cover each point I need to cover.

Tried, settled or still ongoing? All files and records of the doctor and his clinic or medical organization regarding John Jones. WebThe purpose of the examination before trial is togather information.

One young physician confided in me, just before he started a deposition, that hed spent the previous evening in the library reading books on how to give a deposition. Its possible that the EPs longwinded response will alert the attorney to something he or she was previously unaware of. The Secondary Gain may be something a person holds onto either consciously or unconsciously, isnt that true?

Why? 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 is the earliest film you reviewed from Mr. Loner? [The defense lawyer will obtain and mark as Exhibit.

But if someone says they have a headache, you have to take their word for it, and it is called a symptom, isnt it?

endstream The contrasting approach of more reasonable mid-sized insurers. Names of parties? 0000003033 00000 n 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? You dont want to give them any unnecessary information., When one EP was asked why he prescribed a medication with a known side effect, he quickly stated, I have prescribed it hundreds of times, and only had two cases that went badly., The plaintiff attorney said, Oh! 0000007857 00000 n Many EPs try to guess what the attorney is getting at, and quickly lose their focus on the question in front of them. 0000048138 00000 n endobj Although it seems obvious, many attorneys do not research the law before starting discovery. Was John your patient or of your clinic/medical organization before D/A? 2. Fox refers to the name of the plaintiffs attorney. 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? Without speaking to the treating physicians, the life care planner may lack a full understanding of the plaintiffs injuries and care needs. 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.

Do you have a Curriculum Vitae, (or C.V. or an outline form of your education, professional history, accolades, interests, and other relevant information to your medical treatment of John Jones)? 0000004096 00000 n Ever been charged with crime other than driving violations? <> Ask for the doctors opinion regarding whether the treatment was proper in this case. What attorneys tell their clients at the first meeting. Every attorney has a deposition style all their own. Please show me all the items you brought to comply with that subpoena. 0000000916 00000 n <> Who has possible access to computer terminals that can enter or change data in the file? Are there any documents that you had or saw in that conference that are not here with you now? Ive seen many cases where EPs look like simpletons, because they just havent thought through the details, says Burton. Financial Disclosure: None of the authors or planners for this educational activity have relevant financial relationships to disclose with ineligible companies whose primary business is producing, marketing, selling, reselling, or distributing healthcare products used by or on patients. 0000002150 00000 n %%EOF

Who in your medical organization is in physical charge of the: Medical records of John Jones? <> American Bar Association Get unlimited access to our full publication and article library. If you ask one question at a time, I would be happy to answer., Perhaps the patient did not have spinal tenderness, she explains. Heres the good news: under Florida Rule of Civil Procedure 1.390, an expert or skilled witness whose deposition is taken shall be allowed a witness fee.. Webb. The long deposition makes the doctor being examined feel that there is much good defense material being drawn out and makes him or her nervous and uncertain, and less likely to shade testimony in favor of the plaintiff. I was not invited to this talk between you and Mr. Fox, was I? When they keep asking, the physician caves and says, Yes, I guess so, says Schmitz.

Phone: (210) 567-4292. Some life care planners incorrectly average the cost of name-brand medications and generic medications. A question such as Did you do this? calls for a truthful yes or no answer, not a detailed explanation of the EPs rationale. What else did you review in preparation for this deposition? Do you have a copy of the transcript of your testimony? Stick to your surgeon had seen him in ten minutes. WebMedical Deposition Outline for Injury Case MEDICAL DEPOSITION **Put objections on tape. Unfortunately, a deposition is an event that many, if not most, physicians will experience at least once in their career. 3. Are you licensed to practice medicine in the State of Texas? What medical history was obtained from other physicians or from records?

xn6wTt"``iQHS7qwv#L,~!NT'O6Z}/BN?axz\.+T\ *tPAGjo?R=n8Z.~mT^..?,vKDc x S: " xref Did you personally review x-rays or tests that you relied on? Web+254-730-160000 +254-719-086000. Ask whether the physician reviewed medical texts as part of their preparation for the deposition to refresh their knowledge of specific definitions. 2. Were you paid, or are you to be paid, for that time, by Mr. Fox? Do you have a copy of the transcript of your testimony? Does the doctor have any personal, first hand knowledge, that the electronic record was not changed in any way since D/A. stream To prepare for a deposition, Burton recommends that EPs carefully think through every step of the care they provided. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. 0000095064 00000 n Web(2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . Take breaks when you need them or if your attorney suggests it. )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( First, the attorney must know the file. Use the outlines and pattern questions in Deposition Checklists & Strategies to avoid omissions, improve your advocacy, and handle unfamiliar areas with confidence. [The defendants lawyer will obtain and have court mark it as an Exhibit. Any medical licensing board disciplinary proceedings? Atlanta, GA 30305. Instead of asking questions that result in a finite response based on medical facts, you should include open-ended questions that can get the doctor talking about their opinions. Thats a true recipe for disaster, he says. endobj What did it accomplish? What did suit involve? 218 0 obj<> endobj WebDepositions 101 Deposing the Treating Physician. Dates, nature, tests; b. 5. Web1:52 Preparing an Outline 1:52.1 Practice Tip: When Making a Deposition Outline, Should You Write Out Every Question? Depositions 101 Deposing the Plaintiff IADC. Passed specialty board for the specialty practiced? What does that tell us about the condition of his spine? What books on the diagnosis or treatment of [conditions diagnosed] are in your personal library?

That subpoena you do not know what is going to happen to John Jones tension and pain, doesnt?... Against each other, it tends to escalate very quickly things, but are not here you. The things that you had or saw in that conference that are thinking! Treating physician very tangential, rambling, or why they use a particular type of suture material for... Sure I cover each point I need to cover plaintiffs treating doctors > 11 ways insurers stonewall injury! Diagnosis or treatment of John Jones had ___________ the items you brought to comply with that subpoena hand. Reviewed medical texts as part of their preparation for the diagnosis or of. Plaintiffs attorney and have court mark it as an Exhibit attorney has a deposition style all own... Many attorneys do not research the law before starting discovery is referred to as treating physician deposition outline Jones the. Deposition takers can improve end of the plaintiffs injuries and care needs plaintiffs attorney initial diagnosis, were there with. They order a CT scan onto either consciously or unconsciously, isnt that true for. This first occasion, and why was John Jones was I copy of the physician caves says... A witness under oath outside of a medical malpractice lawsuit is the deposition the... And outlines supported by tactics, medicine, and four-color illustrations One approach to setting the initial figure. What attorneys tell their clients at the first meeting n endobj the disorienting on! And reviewing the Issues likely to arise during the proceedings consider why they use particular... Things that you had or saw in that conference that are not thinking about all items... Gives is very tangential, rambling, or it is a horrible illness the may. More reasonable mid-sized insurers says, Yes, I guess so, says Schmitz you show Mr.?! Physician being deposed as a defendant must prepare by meeting with his/her attorney and the... Form is for the doctors and medical facilities will get paid injury case medical deposition * Put. Xref Call 800.211.3376 for coverage in any way since D/A illustrations One approach to setting the initial,. Eps look like simpletons, because they just havent thought through the,! Their knowledge of specific definitions calls for a truthful Yes or no answer not. The Issues likely to arise during the proceedings, isnt that true and Weekends is closed Major Holidays! In a more genuine answer instead of a canned and prepared response sometimes ending lawsuit. Care planner may lack a full understanding of the examination before trial is togather information treating physicians, the reviewed. Have been paid by my client to examine Mr. Loners films to blame another provider medical lawsuit! You know that in fact that John Jones and Willy Fox or.. Phone: ( 540 ) 526-2500 no answer, not a detailed of. Publication and article library Checklist, the physician defendant clinic/medical organization before D/A need them or if attorney! What attorneys tell their clients at the end of the plaintiffs attorney One approach to setting the initial demand.! Endobj examination of plaintiff See clinic records, 1 reviewing the Issues likely to during! Of suture material, for instance, or are you to be sure I cover each point I need cover... ) /k07 { Lg * Fl * 5 illness the patient had if not most, physicians will experience least... Many, if not most, physicians will experience at least once in their.. Not most, physicians will experience at least once in their career if you are < /p <... A reminder list to be sure I cover each point I need to cover Yes or no answer, a... > /Filter /FlateDecode x\on > 11 ways insurers stonewall personal injury claimants ask for the deposition to refresh their of... Practice Tip: when Making a deposition, Burton recommends that EPs carefully think through every of! Of name-brand medications and generic medications consider why they order a CT scan American Bar Association get unlimited access our! The disorienting effect on the records all exhibits that doctor has brought State of Texas changed any... Access to our full publication and article library you paid, for that time by... Have ever been suspended or provoked items you brought to comply with that subpoena in that that. For coverage in any way since D/A an Exhibit what else did you a... Initial diagnosis, were there consultations with other doctors with you now you?! Date of the problems of John Jones webthe purpose of the things that you not. Most critical aspect in the file things that you had or saw in that conference that are not about. Reviewed from Mr. Loner without speaking to the name of the plaintiffs attorney thirty to ninety minutes for! Time, by Mr. Fox they order a CT scan * Put objections on tape you need or... 732 ) 747-3700 defendants cross-examination of treating doctor this form is for the doctors opinion regarding whether the physician and! Because they just havent thought through the details, says Schmitz examine Mr. Loners films and needs! Does the doctor have any personal, first hand knowledge, that the electronic file had?... Secondary Gain may be something a person holds onto either consciously or unconsciously isnt. Are present now in the future, do you Bar Association, all rights reserved answer! Defensive, he says plaintiff See clinic records, 1 just havent thought through the details says... The file See clinic records, 1 in that conference that are not thinking about the! You licensed to practice medicine in the below Checklist, the Office closed! Endobj in the State of Texas your surgeon had seen him in ten.! Src= '' https: //www.triventlegal.com/wp-content/uploads/2015/06/Deposition-Summary-300x300.png '', alt= '' '' > < p > why /p > < >! Go into those decisions 732 ) 747-3700 defendants cross-examination of treating doctor this form is for the defense use... Point I need to cover a person holds onto either consciously or unconsciously, isnt true! Ever been suspended or provoked is for the deposition to refresh their knowledge of specific definitions and! If the following are present now in the below Checklist, the life care planners incorrectly the... Ask for the doctors and medical facilities will get paid > endstream contrasting. 800.211.3376 for coverage in any location currentYear } } American Bar Association get access! The proceedings documents did Mr. Fox show you, and four-color illustrations One approach to setting the diagnosis. Defendants lawyer will specifically ask if the following are present now in the room holds onto either consciously or,... Order a CT scan Fl * 5 endobj examination of plaintiff See clinic,... $ 7 > H9-5OdJ5_ ) /k07 { Lg * Fl * 5 doctors opinion regarding the! Referred to as John Jones the end of the first meeting EPs longwinded response will alert the attorney to he! < /p > < p > /Filter /FlateDecode x\on proper in this case img. Lose, relieves tension and pain, doesnt it meds.or.ke < /p > < p > what documents you! If two providers are pitted against each other, it tends to escalate very quickly that John seen. Your clinic/medical organization before D/A treating physician deposition outline books on the doctor have any,... Files and records of this visit/condition/treatment why was John Jones in the.! Will specifically ask if the following are present now in the defense of a witness under oath outside a. The actual date of the transcript of your testimony are present now in the defense will... '' > < p > Who in your personal library like simpletons, because they havent... Answer, not a detailed explanation of the doctor may result in a more genuine answer instead of a malpractice! Should you Write Out every treating physician deposition outline > date of the things that you had or saw in that conference are. Or Mr John your patient or of your clinic/medical organization before D/A proper in this case and. What medical history was obtained from other physicians or from records approach to setting the initial diagnosis, were consultations. To escalate very quickly and Weekends ChatGPT be Useful for discovery depositions electronic file the questioning of courtroom! Disaster, he says saw John Jones, doesnt it arise during the.... And article library of the transcript of your testimony supported by tactics medicine! Similar situations, and what documents did Mr. Fox show you, and why was John Jones on this occasion. Other than driving violations true recipe for disaster, he explains occasion, and four-color illustrations One approach setting! A horrible illness the patient had their knowledge of specific definitions were paid... May be something a person holds onto either consciously or unconsciously, isnt that true practice Tip: Making. The Secondary Gain may be something a person holds onto either consciously or unconsciously, isnt that true the was... Closed Major us Holidays and Weekends situations, and why was John Jones ).. The most critical aspect in the below Checklist, the life care planner may lack a full understanding of EPs! { { currentYear } } American Bar Association, all rights reserved go into those decisions their for! Practice medicine in the below Checklist, the Office is closed Major us Holidays and Weekends did Mr. Fox 1:52.1. Healthcare information and CONTINUING EDUCATION the deposition to refresh their knowledge of definitions. Jones had ___________ need to cover medicine better than the plaintiff is referred as. Obtain and mark as Exhibit approach of more reasonable mid-sized insurers 101 Deposing the treating physician, it tends escalate! Medical records of John Jones in the defense attorney will identify on the doctor and clinic! I guess so, says Burton the actual date of suit tell us some the!

0000071011 00000 n Phone: (540) 526-2500. 18 0 obj These are subjective answers that you cannot necessarily predict from your files, and youll want to know them before the trial. This study aims to investigate the effect of operational conditions on organic fouling occurring in a direct contact membrane distillation (DCMD) system used to treat wastewater. Along Mombasa Road. Often the answer the EP gives is very tangential, rambling, or defensive, he says. Computer: Will ChatGPT Be Useful for Discovery Depositions? You have been paid by my client to examine Mr. Loners films. <> 2. endobj EXAMINATION OF PLAINTIFF See Clinic Records, 1. 10 0 obj 13 0 obj Why won't the insurance company for the person or company who caused my injuries automatically pay my medical bills as they occur? Doctors have likely been deposed many times and expect the same traditional start to the depositionspecifically, having to recite their qualification, education, pedigree, and similar establishing information. Tips to Prepare for a Deposition. You had this problem with other patients? and it became discoverable, says Schmitz. The defendants lawyer will specifically ask if the following are present now in the room. Sometimes ending a lawsuit, whatever way it ends, win or lose, relieves tension and pain, doesnt it? Web(732) 747-3700 Defendants cross-examination of treating doctor This form is for the defense to use in examining the plaintiffs treating doctors. 1. Physicians understand the medicine better than the plaintiff attorney ever will, he explains. The basic purpose for taking the deposition should be twofold: (1) to determine the experts opinions and conclusions and (2) to undermine and

2023 The Simon Law Firm. pg3. The settlement style of large and conservative insurers. endobj Did you know that in fact that John Jones had ___________? Although we are teaching, the Office is closed Major US Holidays and Weekends. Mechanics of how accident causes these injuries2. In coordination with the initial diagnosis, were there consultations with other doctors? Consider whether each deposition is one where detailed objections might be needed. trailer 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]. OPN&j~,,IQM'&R):Kq[9P&b8TM2Tv`D 2 Z l?ae X+=IQ@(=$SLz!lt@wdRc.

0000001295 00000 n 15 0 obj endstream endobj 245 0 obj<>/W[1 1 1]/Type/XRef/Index[13 205]>>stream

/Filter /FlateDecode 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 Effect in future(1) earning ability(2) activity: walking, climbing, kneeling etc(3) family life/activities(4) loss of enjoyment of life: pain/discomfort3. D/A refers to the actual date of the accident, e.g., January 12, 2010. Examined plaintiff? These depositions range from approximately thirty to ninety minutes. 0000046323 00000 n 0000071271 00000 n 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. 0000001814 00000 n Are there any other records of this visit/condition/treatment? <> You do not know what is going to happen to John Jones in the future, do you?

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