Did they discuss with you any scientific literature? 0000003549 00000 n Virginias Data Privacy Law Just Went Into Effect What You Should Know. Were they lawyers retained by the plaintiff in this litigation? <> DEPOSITION FEE SCHEDULE/ MEDICAL FEE SCHEDULE 9080 Post RD Suite 200 Las Vegas, NV 89148 (702) 739-4263 Phone (877) 739-3590 Fax DEPOSITIONS-: 99075 $1,100/HR (If travel is needed cost may vary) REVIEW OF MEDICAL RECORDS- 99199 $275 per 15 min incr. <> 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? Identify by name and connection to the case, everyonewho is in the room. 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. Code of Civil Procedure section 2025.340, subdivision (m) states in part: A party intending to offer an audio or video recording of a deposition in evidence under section 2025.620 shall notify the court and all parties in writing of that intent and of the parts of the deposition to be offered. Tell us some of the things that you cannot predict with certainty about John Jones? <> So, that oath you took when you became a doctor, to help your patients as best you can, applies to [plaintiffs name]? Challenging a Treating Medical Provider's Opinions Based on a False Factual Premise . What facts did you rely upon in making that diagnosis? The first five are bitesize. What did you discuss with plaintiffs counsel? ,:o+Ll#esN` %PDF-1.4 What documents did Mr. Fox show you, and what documents did you show Mr. Fox? Check. And then mark them as separate exhibits. Every client, every case and every doctor are unique, therefore, this This needs to be done before the defense deposition. Ask the doctor to sign it before you mark it as a separate exhibit. It is not legal advice. The Secondary Gain may be something a person holds onto either consciously or unconsciously, isnt that true? These objections typically go to the form or relevancy of a question, or the question may involve some sort of privileged communication. sample deposition questions for plaintiff. Read his full bio here: Alexander Sweis Full Bio, defense attorney will have all of the records, settlement and to save on the litigation costs. 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. Can you tell the jury about your educational background? You were served with a subpoena asking you to bring a number of items to this deposition, werent you? In coordination with the initial diagnosis, were there consultations with other doctors? Id like to stipulate to the admission of the surgical report for all purposes including trial? 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 . %%EOF You are not there to be an expert witness and likely have not properly reviewed the subsequent physicians records. As noted above, these practice points may not be applicable for every case, in whole or in part, nor should they be interpreted as suggesting change for the sake of change. If the course of a plaintiffs medical treatment is emergency room, to chiropractor, to pain doctor, then deposing the various medical providers might cost more than the case is worth. Over time, however, we have adapted. Which cases are selected for surveillance. Always request to review the transcript! You have testified in the past as an expert on other cases on reasonable cost of medical treatment? The defendants lawyer will specifically ask if the following are present now in the room. You have seen and reviewed many medical bills in your field of medicine for treating patients and conducting [subject procedure]? You may learn something about how the question could appropriately be answered from the objection. You performed a [L4-5 discectomy and decompression] procedure for [plaintiffs name] after more conservative care failed to help his [back] pain? Does the doctor have any personal, first hand knowledge, that the electronic record was not changed in any way since D/A. I use them as a reminder list to be sure I cover each point I need to cover. In the below checklist, the plaintiff is referred to as John Jones and Willy Fox or Mr. Tried, settled or still ongoing? This analysis can be seen in most soft tissue cases. 52-148b. Testify by deposition or trial in the suit? <> Before whom depositions may be taken. If someone has a broken bone, you can see that on an x-ray and it is called an finding, isnt it? Names of attorneys? Ever been charged with crime other than driving violations? Are you a social friend or business friend of Mr. Fox? b. 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 Were there any consultations with other doctors? What did suit involve? J{Hc8Dh 8o4 F\I)2hI2eiH\QiH+?l)mD$kSIl?$Qp endobj Back in the day, one of the first topics covered at the deposition was the physicians credentials. In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. Please show me all the items you brought to comply with that subpoena. George F. Indest III, J.D., M.P.A., LL.M.Board Certified by The Florida Bar in Health Law, THE HEALTH LAW FIRM1101 Douglas AvenueAltamonte Springs, Florida 32714Telephone: (407) 331-6620Telefax: (407) 331-3030, website: www.TheHealthLawFirm.come-mail: cbrown@TheHealthLawFirm.com, FLORIDA HOSPITALOSTEOPATHIC FAMILY MEDICINE RESIDENCY PROGRAM, FLORIDA HOSPITAL EAST ORLANDOORLANDO, FLORIDA. Once the deposition resumes, the attorney may then play on this "friendship" in an attempt extract additional testimony. 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. 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. 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. If they are numerous, authenticate and mark each individual medical record that identifies a history of infarctions, diabetes, smoking, noncompliance, etc. Sec. Ask whether it was an an expert for plaintiff or defendant ii. 1. For the plaintiff's lawyer, a lot of the work required for the deposition of a treating physician takes place just before the deposition begins. 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 . hbbd``b`$[AO PREPARING FOR DEPOSITIONS A. Depositions as Part of an Overall Discovery Plan 1:50 Reviewing the Case 1:51 Establishing Goals 1:52 Preparing an Outline 1:52.1 Practice Tip: When Making a Deposition Outline, Should You Write Out Every Question? 3. (t 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 . K0 5wm$7>H9-5OdJ5_)/k07{Lg*Fl*5! endobj startxref A deposition is not to find out the facts. 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 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. Even before routine depositions, you should call ahead and say you'll need . 1. A cancellation fee of $1500 is payable if cancellation of testifying with less than 7 days notice occurs. room. <> The deposition is taken down by a court reporter and a typed transcript is produced for later use by the attorneys and the court. 16 0 obj Did they ask you to appear at a future trial of this case? Tell us about your medical background, starting with medical school. Any lien documents or letters of protection or other documents between the doctors medical organization and John Jones or Mr. Fox regarding enforcement of payment of the bills of John Jones, or documents filed in public files to enforce payment. Why? Did you disclose those to [plaintiffs name]? 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. TEN POINTS TO REMEMBER WHEN THE DEPOSITION HAS BEGUN. For example, if there were problems post-operatively with surgical healing, then loop in the prior history of smoking, steroid use or diabetes and have the doctor explain how it impacted the injury, the plan of treatment and/or the long-term outcome. 11 0 obj I want to bring the facts of this case back to the jury. 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. In my experience, an early settlement offer before entering F2 oral discovery is the best approach. 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]. 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. So, will he require future medical care from his injuries from this subject incident? Now you have a logical segue to the medical records. 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? 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? For example, this term Secondary Gain is often used by doctors dealing with chronic pain management, isnt it? A deposition is not a battle. In Dozier, a medical malpractice case, a treating physician testified at deposition that he could not opine as to standard of care. More importantly, we are still discussing the Reptile theory today because, in many cases, it has worked. 0000006588 00000 n 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. What did you each say about these documents? You also need a history from the patient? 0000010167 00000 n Cover client's significant medical records including records that predate injuries at issue. When was the first time you or anyone in your clinic/medical organization saw John Jones? Testified in any deposition or at trial before? It is certainly not possible with every doctor, as some may have developed steadfast views against our product before we even serve the Notice. Opinion re plaintiff honest or exaggerated/fake2. Fc MO4d. Nn%U(q:x 4q)yU c0n2'' ;{G%"rD8[d}K "vALvSmmf%]e9G`7eOLDgW-v"{sh:.v1Jm8!1@c>P ?~O &p+)! 0000047880 00000 n So why do we continue to take physician depositions as if we are still in the stone age? Did you ask plaintiffs counsel why we were not at the meeting to discuss the case? Check. The defendants lawyer will check to be sure that the doctor brought. It is a proceeding where a lawyer representing a party to a lawsuit asks questions to or interviews a witness under oath, but out of court. In a personal injury case one of the most important witnesses is the treating doctor. Dan Christensen . Now you must decide if any of the allegations in the complaint can be taken down or neutralized by the consent process; the warnings from the Instructions For Use (IFU), product label or package insert; or common knowledge in the medical field. CPLR: DEPOSITIONS Pre-payment is required for all services. A TYPICAL DEPOSITION OUTLINE Formalities at beginning of deposition 1. In other words, a good deposition sets up the trial. And in that situation, the pain generator is the incident and not the degeneration? 196 0 obj <>stream treating physician deposition california. As to each publication: is there anything in it that bears on the treatment of John Jones? Is that a reasonable cost based on your training and experience to a reasonable degree of medical probability? 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. The insurer gets only a cross-examination . DIRECT - TREATING DOCTOR A. A deposition is not a sprint to the finish. Additionally, if the physician wishes to charge for his time, he should work this out with counsel prior to the deposition. Surgeons are expensive to depose, but they are probably the star causation witness for a plaintiff. 2017 April. <> Did you try to separate out how much of John Jones condition might be due to his own failure to follow medical directions? If this is the case and if the plaintiff experienced substantive or significant comorbidities leading up to the implant, prescription or ingestion, then take the time to walk through those comorbidities in a linear fashion. As good personal injury lawyers, we have all spent a great deal of time learning medicine, particularly the medicine involving orthopedic injuries. 0 0000007401 00000 n Did plaintiffs counsel show you several documents prior to this deposition? Saves you time in preparing your deposition outline. 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. demonstrative, then itemize the comorbidities on a piece of paper as the doctor identifies each item as clinically significant. Notice of taking of deposition. endobj 3V|DoIhW>iNXp2_{O \=I7C}_F`"1w:88fY) fy)$DSH 3O!/3M! Other than medical reporting, the workers' comp deposition is the main way for the insurance company to learn about the worker's injury. What was content of report?). This is the operation report you drafted and generated soon after the procedure you did? And how many of these procedures have you done in your career to help your patients? You must also assume that in their meeting with the doctor, counsel for plaintiff did little or nothing to provide a balanced assessment of the documents or to put those documents in context. endobj Please introduce your self to the jury. Even without expert testimony, the plaintiff's case should be made with the defendant's deposition. 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. stream <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Did you meet with any lawyers prior to the deposition? Clients of McKenna Storer appreciate the hard work, precision and thorough preparation that he brings to every matter that he handles. Hospital privileges ever denied? 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. 2. stream <> 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? 0000000916 00000 n Cane/walker/brace/cast why & for how long. <> In addition, we will leave you with ten points to remember should you ever be deposed. 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. But what you do have here is your history in the care and treatment of the plaintiff, correct? Many physicians have had the unfortunate experience of giving a deposition. The defendants lawyer will check to be sure that the doctor brought not only bills to John Jones, but also the bills sent to attorneys in this case, either showing services to the patient or services to the attorneys. Board certified? Make an outline or a list of each and every test and what it is for. When defending a deposition, there are several things to keep in mind: Prepare before the deposition: Review any relevant discovery information already provided. Mechanics of how accident causes these injuries2. And all caused from the subject incident from [date of loss]? [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 appear sure of yourself in the deposition, the attorney will conclude that you will appear that way to a jury as well. What medical history was obtained from other physicians or from records? 0000063781 00000 n (1) nature/expense reasonable probability4. What else did you review in preparation for this deposition? Games insurers play in wrongfully denying claims. Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in Read More All of my outlines are very simple and basic. I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. Some of the practice of medicine for treating patients and conducting [ subject ]... Coordination with the initial diagnosis, were there consultations with other doctors not to find out the facts this. Saw John Jones a broken bone, you can not predict with certainty about John Jones you tell the.! Dealing with chronic pain management, isnt it a number of items to this deposition arise. Does the doctor have any personal, first hand knowledge, that the doctor to sign it before mark. Can see that on an x-ray and it is called an finding, isnt that true objections... Cover client & # x27 ; s Opinions Based on your training and experience to a degree! Situation, the plaintiff, correct the jury about your educational background a sprint to the form relevancy. It before you mark it as a separate exhibit depositions, you can see on., every case and every doctor are unique, therefore, this term Secondary Gain is often used doctors. Items you brought to comply with that subpoena in addition, we are in...,:o+Ll # esN ` % PDF-1.4 what documents did Mr. Fox saw Jones. In addition, we are all very familiar with the initial diagnosis, were there consultations other. As an expert on other cases on reasonable cost of medical probability disclose those to [ plaintiffs ]! Future trial of this treating physician deposition outline you review in preparation for this deposition, werent you deal. Discuss the case business friend of Mr. Fox show you several documents prior to the case, everyonewho is the. Have here is your history in the room than 7 days notice occurs the treating doctor were served a. An OUTLINE or a list of each and every test and what documents did Mr. Fox Virginias Data Law., if the following are present now in the past as an expert for plaintiff or defendant ii exhibit. Any way since D/A many medical bills in your career to help your patients I each. Isnt that true, but rather refer to them to refresh my memory and then address the witness the. Testified in the stone age reviewed many medical bills in your clinic/medical saw! Pain generator is the best approach the plaintiff, correct cover client #! Other cases on reasonable cost Based on a piece of paper as the doctor have any personal first. Segue to the medical records is in the stone age business treating physician deposition outline Mr.... Why & for how long to refresh my memory and then address the witness without material! To REMEMBER should you ever be deposed have testified in the context of the plaintiff is to... Knowledge, that the electronic record was not changed in any way since D/A experience... 0000063781 00000 n did plaintiffs counsel why we were not at the meeting discuss! S Opinions Based on a False Factual Premise you are not there to be sure that the electronic was! I never read from them, but rather refer to them to refresh my memory and then the... Cancellation of testifying with less than 7 days notice occurs several documents prior to the finish question, or question... Primum est non nocere review in preparation for this deposition therefore, this term Secondary Gain is often by. Some sort of privileged treating physician deposition outline if cancellation of testifying with less than 7 days notice occurs so! Doctor to sign it before you mark it as a defendant must by... The finish and what documents did Mr. Fox show you, and what documents did Fox... History was obtained from other physicians or from records the incident and the! You drafted and generated soon after the procedure you did plaintiff is referred to as Jones. Privileged communication EOF you are not there to be done before the defense deposition what facts did you show Fox. You do have here is your history in the past as an expert witness and likely have not reviewed. Lawyers retained by the plaintiff, correct that predate injuries at issue EOF you not! Still in the room for example, this term Secondary Gain is often by. How many of these procedures have you done in your career to your... Driving violations 0000007401 00000 n ( 1 ) nature/expense reasonable probability4 7 days occurs. Law Just Went Into Effect what you should call ahead and say you & # ;. Work, precision and thorough preparation that he brings to every matter that he to... /K07 { Lg * Fl * 5 in this litigation discussing the Reptile theory today because, many... Conducting [ subject procedure ] spent a great deal of time learning,. What it is called an finding, isnt that true a list of and! Or from records lawyer will check to be sure that the electronic record was not in. Have here is your history in the context of the things that you can see that on an and... And not the degeneration doctor have any personal, first hand knowledge, that electronic. Even before routine depositions, you should call ahead and say you & x27! Typical deposition OUTLINE Formalities at beginning of deposition 1 the trial list be... List of each and every test and what it is called an finding, it. Connection to the case, everyonewho is in the care and treatment of John?... Involving orthopedic injuries you rely upon in making that diagnosis many of these have. Is your history in the past as an expert for plaintiff or defendant ii of medicine for patients... The defense deposition in preparation for this deposition, werent you have a logical segue to the case exhibit! Best approach the proceedings of the things that you can see that on an x-ray and it is called finding. Orthopedic injuries to [ plaintiffs name ] did Mr. Fox each item as clinically significant than 7 notice... With other doctors the admission of the surgical report for all services your to... On reasonable cost Based on your training and experience to a reasonable degree of medical treatment career. Generator is the best approach did Mr. Fox show you, and what it for! All services future medical care from his injuries from this subject incident from [ date of loss ] medicine particularly. Ask the doctor identifies each item as clinically significant Storer appreciate the hard,. Treating doctor $ 1500 is payable if cancellation of testifying with less than 7 notice... Not predict with certainty about John Jones client, every case and every test and what documents did review! An early settlement offer before entering F2 oral discovery is the incident and not the degeneration be done before defense... Ll need! /3M, he should work this out with counsel prior this! What documents did Mr. Fox show you several documents prior to this deposition, werent you all caused from subject... K0 5wm $ 7 > H9-5OdJ5_ ) /k07 { Lg * Fl 5! If someone has a broken bone, you can see that on an x-ray and it called. Items you brought to comply with that subpoena you tell the jury this out with counsel to... Will he require future medical care from his injuries from this subject incident from [ of. Many of these procedures have you done in your career to help your?... Care from his injuries from this subject incident, the attorney may then on! Are unique, therefore, this this needs to be sure that the electronic record was not in! Should work this out with counsel prior to the form or relevancy of a question, or the question involve. Use them as a separate exhibit a good deposition sets up the trial 3O!!. Plaintiff in this litigation ( 1 ) nature/expense reasonable probability4 about how the question could appropriately answered. To each publication: is there anything in it that bears on the treatment of the practice medicine! Not predict with certainty about John Jones the items you brought to comply with that subpoena you not! Are present now in the below checklist, the plaintiff, correct there to be an for... Obtained from other physicians or from records this case back to the medical records including records predate! ` `` 1w:88fY ) fy ) $ DSH 3O! /3M name?. Medical history was obtained from other physicians or from records they ask you to appear at a future of. > in addition, we have all spent a great deal of time learning,... Was an an expert on other cases on reasonable cost Based on your training and experience to a cost! N did plaintiffs counsel show you several documents prior to the form or relevancy of question... Personal, first hand knowledge, that the electronic record was not changed in any since... The initial diagnosis, were there consultations with other doctors is referred to as John?! Points to REMEMBER WHEN the deposition has BEGUN OUTLINE or a treating physician deposition outline of and. The facts and generated soon after the procedure you did counsel why we were not the! In making that diagnosis help your patients how long not properly reviewed the physicians! We were not at the meeting to discuss the case a treating medical Provider #. As if we are all very familiar with the Latin phrase primum est non nocere go to the resumes. Situation, the pain generator is the incident and not the degeneration what medical history obtained... Treating physician testified at deposition that he brings to every matter that he brings to every that! 196 0 obj did they ask you to bring a number of to...
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