They certainly did not show them the documents or timeline surrounding whatever issues were discussed or referenced therein. Doctor-Patient: Information shared between a patient and their treating physician cannot be used against the patient in legal proceedings. endobj This analysis can be seen in most soft tissue cases. What did you discuss with plaintiffs counsel? It is certainly not possible with every doctor, as some may have developed steadfast views against our product before we even serve the Notice. That is what the trial is for. What they should do is challenge us to take the reins and step outside our comfort zones. Copyright Before taking the deposition of a defense psychotherapist, it is important to spend a similar amount of time learning the basic concepts of psychology and psychiatry . Deposing these well known, flagged, treaters would simply increase litigation costs and not accomplish anything for defense counsel. Does Mr. Fox or his office refer patients to your office? Mr. DeSantis is a 2017 graduate of the Consumer Attorneys Association of Los Angeles Trial Academy. Rule 32 of the Federal Rules of Civil Procedure governs the use of a deposition at trial. Nailing your deposition is tall order. We met for the first time today when I introduced myself to you in advance of this deposition, correct? Second, the attorney must know the law affecting the case, including valid objec-tions in a deposition. 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 to ask in the treating doctors deposition. 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 . 2023 by the author. You are being interviewed for the position of "defendant." Your own attorney is as much involved in that as the plaintiff's attorney To do no undue harm to your patients and help them the best you can? The defense attorney will identify on the records all exhibits that doctor has brought. When a patient sues for malpractice, the patient's attorney will take the defendant physician's deposition. When one undergoes a procedure like the one [plaintiffs name] underwent, does that mean they are going to be in the clear without the need for future medical care moving forward? Were you paid, or are you to be paid, for that time, by Mr. Fox? 10 0 obj Name professional address>plaintiffs doctor? And you did all three of those things for [patients name]? 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. What books on the diagnosis or treatment of [conditions diagnosed] are in your personal library? Profession/specialty3. 52-148a. 1. 0000004096 00000 n Every client, every case and every doctor are unique, therefore, this Before this deposition, did you meet with the attorney for John Jones, Mr. Fox? Tell us some of the things that you cannot predict with certainty about 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. If witness has not brought any item: 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. as an individual exhibit. Is that a reasonable cost based on your training and experience to a reasonable degree of medical probability? o Remember comp cases are all different o What is the doctor [s . The Carlson Law Firm, PC . 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. Were you asked to review facts of this case and objectively determine whether there was any departure from the proper standards of medical care involved here . The surgeon is also the treater who will give any future medical treatment testimony or opine to future surgeries. endobj Fittipaldi USA, Inc. v. Castroneves, 905 So. Additionally, there may be other participants involved as well. HT]o[7}.-RlkC:ncg;\!uxDg'PJAbt&&$/OJBNZ%z6HrTtV>/j~b3Cq h?nFzgbSD7}ekJ[31-c. Please summarize for us briefly what John Jones was seen for, and what treatment he received during that period from the first time he was seen until D/A. It means first, do no harm and is the ethical guiding principle in the medical profession. Once the deposition resumes, the attorney may then play on this "friendship" in an attempt extract additional testimony. Failure of John Jones to follow directions of doctors could have affected his present condition, couldnt it? The settlement style of large and conservative insurers. Did you ask for payment, or did Mr. Fox tell you he would pay you? If yours is a case where the healthcare providers did not cite or blame your product on the outcome, then establish the absence of any causal link between the product and the outcome. Date of suit? The tired practice of following an outline loosely based on Introduction, Credentials, Records Review, Opinion and Thank You for Your Time, Doctor is over. But what you do have here is your history in the care and treatment of the plaintiff, correct? Asked you to tell jury about him? Many things about the future of persons that have injuries like John Jones cannot be predicted with certainty, isnt that true? 18 0 obj endobj Follow his instructions and do not be intimidated by the examining attorney. Learn how your comment data is processed. However, because of the prohibition on ex parte discussions, defense counsel must take the deposition "cold," i.e., without any advance knowledge of what the doctor is going to say. Before the final status conference or before trial documents are due, be sure to serve the defense with your video- deposition page line designations so they have an opportunity to object and counter-designate clips to play. 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. 0000001907 00000 n Likewise, the substantive material in our outlines should not elicit memories of the days of British Sterling cologne and home permanent kits. endstream endobj 695 0 obj <>stream Were there any consultations with other doctors? Was anyone representing [product or client] present? As you understand it, those documents are corporate documents that the plaintiffs lawyer told you were from [company]? <> Kim Hart's Deposing and Examining Doctors gives you both. Special qualifications seeCV if any1) publications/honors/societies, B. Ask the doctor to sign it before you mark it as a separate exhibit. The witness was then provided additional medical records after deposition and before trial, with no . Sec. 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? Now you know why. Know what the doctor . 1. 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. INDEPENDENT MEDICAL EXAM (TREATING PHYSICIAN)-:99455 $1000 INDEPENDENT MEDICAL EXAMS (NONTREATING PHYSICIAN)-:99456 $1250 (LETTER This seminar is intended to provide osteopathic residents and medical students with an introductory look into the typical deposition of a physician. Special qualifications - seeCV if any 11 0 obj The term Secondary Gain in medicine means The gain derived from an illness, such as personal attention and service, monetary gains, disability benefits, and release from unpleasant responsibilities, doesnt it? If you happen to have a judge who allows the plaintiff to have ex parte contact with healthcare providers, then you have a duty to go beyond the fact that the meeting merely occurred and let the jury know that not only did you not attendyou were never invited. trailer 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. Was John Jones referred to you by Mr. Fox [the attorney for the plaintiff]? What effect can that prior injury or history have on the diagnosis of John Joness present condition? 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. Here are some common tactics used by plaintiff attorneys deposing EPs: Plaintiff attorneys will try to get the EP to blame another . For example, this term Secondary Gain is often used by doctors dealing with chronic pain management, isnt it? Of course, a revolutionary, game-changing deposition may not be possible with every case. (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 . Findings; D. ROLE IN CASE. 3. 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. You did not even know the plaintiffs lawyer was going to show you [company documents]? Fox refers to the name of the plaintiffs attorney. [7] A deposition is a process whereby witnesses provide sworn evidence. Cover client's significant medical records including records that predate injuries at issue. 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 . As a treating physician. EXAMINATION OF PLAINTIFF See Clinic Records, 1. Oral or written report? Over the past 20 years, the advent of the internet and other technological innovations, coupled with novel approaches to assessing, diagnosing and treating patients, has led to a paradigm shift in the way many doctors practice medicine. 0000010560 00000 n 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. 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. What is the basis of that opinion? By now, before any substantive shots have been fired, you will have established that the corporate documents were not only shown out of context but also that they have nothing to do with the plaintiffwhich is why the doctor is here. Board Certified by The Florida Bar in Health Law, OSTEOPATHIC FAMILY MEDICINE RESIDENCY PROGRAM. Hospital privileges ever denied? <> What did suit involve? A deposition is a job interview. 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. 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. If the facts warrant, you should use this moment to detail the plaintiffs relevant preexisting clinical conditionsand put them front and center before the jury and the doctor. 0000063781 00000 n 96. We would all agree that such a result est bonum. We'll outline 16 "best practices" that are critical to your success. 7 Id. % [ 11 0 R] Names of parties? If someone has a broken bone, you can see that on an x-ray and it is called an finding, isnt it? ?4bm9MQFc:=R%`h0QO1{W~}Cxw1# 4Dzu[Zd.6/|D`^m^ :7 You will likely receive a subpoena from a judge noting the date, time and place of the deposition. Future complaints or subject symptoms. <> Games insurers play in wrongfully denying claims. When did you (including anyone in your clinic/medical organization) first examine John Jones after the accident of D/A? Thanks to television, many people think of a deposition as something that happens under a glaring light bulb in a dimly lit room, while attorneys grill witnesses with trick questions. Should we, as practitioners of one of the other learned professions, likewise move out of our comfort zones and embrace changing practices, thoughts or ideas? 0000007401 00000 n What medical history was obtained from other physicians or from records? Are there other conditions (other than the one you diagnosed) that may cause John Joness symptoms? 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