A defense-hired doctor might say that [plaintiffs name] did not require the [procedure] based on their interpretation of the MRI films only do you determine whether a patient requires a [procedure] just by reviewing MRI films? 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. This field is for validation purposes and should be left unchanged. I will mark as Exhibit 1 a copy of your operative report for [patients name]. 13 tips to help you understand insurers with different settlement approaches. Your email address will not be published. These treaters do charge a deposition fee that can range from $300 per hour to over $2,000 per hour. 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. In addition, we will leave you with ten points to remember should you ever be deposed. ~Z#'tqkCIj.Qft&QR Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. This analysis can be seen in most soft tissue cases. Was anything observed that was not recorded? Future complaints or subject symptoms. The defense offered to pay $40, the statutory "fact witness rate." . Games insurers play in wrongfully denying claims. Before entering this phase of oral discovery, the defense attorney will have all of the records for the treaters. Back in the day, one of the first topics covered at the deposition was the physicians credentials. 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. Court involved? thorough outline of topics typically addressed when deposing a medical expert in a car wreck case. stream Pursuant to the . What was content of report?). 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. Please show me all the items you brought to comply with that subpoena. [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.] Virginias Data Privacy Law Just Went Into Effect What You Should Know. You had the benefit of the plaintiffs medical record and past illnesses, ailments and comorbidities? And you also need to examine the patient to determine what continues to hurt them? But the treater actually treated. If someone has a broken bone, you can see that on an x-ray and it is called an finding, isnt it? In the context of depositions, it refers to the practice of plaintiffs lawyers having ex parte meetings with doctors before the deposition to discuss the plaintiffs theories and to share cherry-picked, out-of-context corporate documents. J&zXLEn& "( [2mf#'cwvm/*Uz/MealffAc,sX19 v @@;@R`q9 9b 4. This outline and information cannot be used against its authors and clients. The preparation and effort expended in this deposition determines the defendant's assessment of the case. What did suit involve? Professional experience 5. 0000001573 00000 n Doctor, do you have an opinion of whether Mr. (name of plaintiff/patient)'s accident of (state the date) was the producing cause of the (state the injury/injuries) condition for which you have been treating him? Follow his instructions and do not be intimidated by the examining attorney. One approach to setting the initial demand figure. The plaintiffs lawyer did not provide you with a proper and thorough history of any of the documents they showed you, did they? This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. 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. 1. No. <> %PDF-1.4 % Are you aware of [plaintiffs name] having [body part] issues or even coming close to requiring a [surgical] procedure before the subject incident occurred? Name - professional address >plaintiff's doctor? Special qualifications seeCV if any1) publications/honors/societies, B. Cross-Examining Doctors: A Practical Guide, Second Edition explains step-by-step how to: Investigate the case thoroughly and promptly. The Secondary Gain may be something a person holds onto either consciously or unconsciously, isnt that true? The treating physician was called to testify at deposition. The 9 most common personal injury case weaknesses. Asked you to tell jury about him? 3410 Far West Blvd., Ste 235 . 166 31 (Who? This form is for the defense to use in examining the plaintiffs treating doctors. 2017 April. 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. 52-148b. Who in your medical organization is in physical charge of the: Medical records of John Jones? 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. Trust your lawyer to monitor your stamina and coherence. 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. This analysis can be seen in most soft tissue cases. In many cases, it has resulted in more efficient medicine with better outcomes for patients ranging from curing or eliminating diseases (such as hepatitis C) to cutting inpatient hospital stays from weeks to days. Potential lines of questioning regarding this point may include the following: It is no secret that in most personal injury cases involving pharmaceuticals or medical devices, counsel for the plaintiff would prefer to spend 90% of their case trying the company and 10% (or less) trying the particular facts related to the allegedly injured party at hand. Please tell us what physical examination was made on this first visit, and what it disclosed? Did plaintiffs counsel show you several documents prior to this deposition? Do you agree it is important when you look at a document to put it into context? How insurers view personal injury claims. Just like the treating physicians, product manufacturers have a bench of experts with front-line, ground-level involvement with the product who, by the nature of their positions, have spent years developing first-hand, fact-based opinions about the product's safety. 8 Id. Treaters are rarely happy deponents. Lab work or other tests that were done and what were the results. Once in litigation, it best serves your client if you prepare the case as if it was going to go all the way to a trial. If a party is fully aware that the treating physician's role could be that of an expert, they are on . What are they? The primary treating physician is the physician selected by the employer, the employee pursuant to Article 2 (commencing with section 4600) of Chapter 2 of Part 2 of Division 4 of the Labor Code, or under the contract or procedures applicable to a Health Care Organization certified under section 4600.5 of the Labor Code, or in accordance with . A. 17 0 obj The settlement style of large and conservative insurers. My fee if I am called to testify is $3000/day. Names of attorneys? 7 Id. By this point, you have established the importance of medical records as a critical part of a true and accurate history. You should also incorporate questioning to elicit testimony that physicians rely on prior histories for a number of reasonsnot the least of which is to make good, solid, history-based medical decisions going forward. We will equip you with the knowledge required to prevail. Inherent in this phrase is the understanding that physicians, as part of their work, must stay up to date with the evolving practice of medicine. <> Tell us some of the things that you cannot predict with certainty about John Jones? Tips for defending a deposition. s>}l&>`6$.-v!n&UP H,i4+sEX.oy`9E>@c ye!b`@$` /? You should always consult extensively with your own personal attorney and follow his or her advice. x\F?r.R }`?|0x.}+LTsPK/V::4hw~o_~8?>|0cWEC||c\0oo[v+/a/I~Of^/yk.cQ>wk}Z%|zBVbY>XTOf+Zmm5-uR+8MNOk5hZz S_JmCh1);w+_:u `GC@xC]x`=UO61=O:Koz/c.FgD"xL9*}:W;=x @.&3ntBVOAwxmA;UD%rk Y7.MA1>l5d>`y4|%jg_8 oTmi\ If you are a defendant in a lawsuit, you must set aside adequate time to both review the patient's record and meet with your own counsel. 1:53 Practice Tip: Ten Things to Cover in Every Deposition B. I want to bring the facts of this case back to the jury. % Surgeons are expensive to depose, but they are probably the star causation witness for a plaintiff. An opposing attorney may attempt to involve the physician in socializing so as to lull him/her into a false sense of security. %PDF-1.5 % Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in Read More room. Which cases are selected for surveillance. >> These depositions focus on the substance of treatment, the patient's medical condition, and the patient's prognosis. Special qualifications - seeCV if any Generally the defense gains an advantage in the deposition of a plaintiffs treating doctor by making the examination, long, detailed, and boring. Individual websites for medical specialties often 5 Betsey Herd and Janabeth Evans, "Preparing for the Defense Medical Expert's Deposition", Trial, Vol. Education (1) board certification/significance 4. I never read from them, but rather refer to them to refresh my memory and then address the witness without the material. Many physicians are deposed concerning the care they provided to a patient in lawsuits that implicate the patient's health (auto accident, work injury, disability suit), but not the physician's standard of care. The defendants lawyer will ask for details about all items which may be related to, or have similar bodily or mental conditions or symptoms to those complained of in this lawsuit. For each examination I revise them to fit the particular situation involved. As a medical malpractice defendant. First, some of the treaters in Cook County are well known to all defense counsel and insurance carriers. 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. Is that an agreement you entered into with your patient to help him by stalling out collection of the bills until his case is over? A Dive into Third-Party Litigation Financing and Third-Party Medical Funding, The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast, FTC Issues Proposed Rule Banning Non-Compete Agreements. 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