15 main deposition techniques in a medical negligence case

15 main deposition techniques in a medical negligence case
ASK THE DEFENDANT DOCTOR

CAUTION:
Preparation is the key to everything from a doctor? S deposition. You need to spend hours and hours to review the entire file, reviewing all current medical records, notes and entries in the table. You need to know and test his theory of liability, causation and damages before you begin to examine the file. You must keep in mind something in the table that will help you in your quest to prove every element of liability, causation and damages.

1. Most lawyers ask the same questions that I get bored at the beginning of each deposit:

a. provide their name and address
b. Enter your qualifications, pedigree, school, etc.

Comment: OK, OK, but very boring and very expected by a lawyer and doctor. Zapping a bit '. I support never start a doctor? S deposition in this way. Why not right in the heart of the case with the first question? You can always go to the doctor? S credentials later or at the end. In addition, the credentials are usually can be found online or in a curriculum vitae and don? T only to find out where he went to school and if he? S help in a special card certified. If more than one occasion, the doctor was puzzled by this approach. They are usually prepared for applications in a lock step manner and do not expect anything unusual, but legally permitted number of applications immediately.

2. Go ahead-ask why they operated on the wrong side of the brain, like the first question. ? Objection, no foundation? He said the defender. ? Where is in CPLR I need an application foundation was? Despite this change? Ideas, if you get such an objection, then simply ask:

Others? Didn? T on the work that my client at this time?
b. ? Isn? T true that operated on the wrong leg?
c. ? Why?

3. I always ask supporters? Why? Question deposition. It is much better, didn why a doctor does not know? T as a thing today, do not save the matter before the Court. At the trial, may be the reason, with devastating consequences for our case, and if so, I want to know now. Also, if you yourself to a doctor at trial as a witness adverse, do not want to wear a question asking? T know. If so, the subjects themselves, your customers and your case fraught with risks that could jeopardize the case.

4. Ask the doctor read his notes in the record. This is for anyone who tries to decipher the doctor? Handwriting S later. The expert should know definitively whether the Scribble is important, and the only way to do this if the doctor declares the record, what it means to scribble.

5. Be polite. Any time. Is it possible? T imagine how many lawyers don? T listen to this recommendation. They think they know everything, are sarcastic, belligerent, annoying, really annoying and all the room. Doctor? The attitude of the reaction also changes. No longer the doctor in detail. You no longer see the doctor more as the offender. Rather, one might begin to look like a victim, if kept attacking him and his credibility.

6. It can still all points without screaming hostile, angry or cry. The old saying? You get more with honey than with vinegar? speaks volumes. Of course, it is new? Do not bend over and so sweet you always speak with your doctor? S presence, as he screwed. But the key to professional and competent. You do not win more respect from your opponent (T concerns? About compliance or lack off) the doctor from her, as if they are respectfully antagonists.

7. There are times when you're angry with the doctor. Want to know if you can push the buttons. They want to know how easy it is to burn his composure. Where? S easy to do at deposition, your trial strategy, that this testimony was to become much easier.

8. Discover the doctor has discussed with the patient, family and other doctors. Remember, conversations are rarely recorded in a hospital. Be sure to ask your doctor to confirm or deny the comments that his client had testified about. In most cases, your doctor will no longer argue that they'll remember for the conversation. But if your client does not s? More likely that the conversation took place. If the doctor refuses to make a few comments, then you know that you have to decide various facts on the same conversation, and a jury must ultimately, who is telling the truth.

9. Ask if the doctor has never had a license suspended and / or practice revoked.

a. ask if your hospital privileges ever been suspended or provoked.

b. Always ask if the physician has given testimony before.

i. ask if there is an expert for the plaintiff or defendant
ii. Ask if they have a doctor
iii. Ask, which was kind of case, and the name of the event
iv. Ask if they were paid for their time to witness the case law

10. In New York, Medical Malpractice in a deposition, you must ask questions opinion. The doctor, because the defendant is required to answer? Experts? Questions and answers on his medical report.

a. Do you have an opinion, with reasonable probability that medical treatment was done for Mrs. X and the standard of care adequate?

b. If you have an opinion, what is the opinion?

c. The fight against the doctor with other opinions of the medical community who wonder with his school of thought and opinion, what do you think of these views.

d. ask the doctor to admit certain facts here? S is an example:

i. Isn? T right, the patient ex-LAX to 10?

ii. Isn? T 'shouldn true that patients with colon cancer? T get ex-lax?

iii. There are circumstances in which they prescribe this drug for patients who had this tumor?

iv. E 'agree that if the patient has received ex-LAX to 10 watch, which would be a departure from good care?

V. E 'agree that the only reason why the patient suffered injuries because they are ex-LAX to 10 clock?

VI. E 'agree if he had not had time to have the ex-LAX to 10 watch, which I laugh? T have suffered intestinal perforation?

11. Sure to exclude other possible causes of injuries in addition to the misconduct that occurred here say. The reason why you do this is to learn the potential defense for your case. The defense is always an explanation of why his argument is valid. Better you should learn during the deposition, rather than at the top before a judge without knowing what will be their defense.

12. A lot of open questions. Questions of who / what / where / when / why / how. This way you get to talk to your doctor and explain. If the doctor? S is happening and, without answering the question directly and his lawyer had it? S ok. Always think about, you might actually some useful information. When you stop talking, just say, maybe my question wasn? Doctor T clearly. What I'm trying to do?. You can answer this question? Always take the blame if the doctor says, the question is not clear. Don? T answer the question of what didn? T understand, my question in English?

13. Ask for medical definitions.

a. What is an endocervical curettage?
b. What is a heart attack?
c. What is hypoxia?
d. Ask whether these definitions are commonly accepted in the medical community, or if there are other schools accepted definitions.

14. Ask if? Reviewed all the medical records or textbook there first to catch him.

a. Have with you?
b. What contributions do you have?
c. What have you to the article? Does not support your position here, or was contrary to your position?

15. Last but not least, ask for references, training, licensing, board certification, but you should already have this information prior to your deposit when you research the defendant doctor. I always do a Google search to your doctor if you support it? Author nothing there, and when? S nothing to it online? S is worth knowing. I recently learned in an online search, where the defendant doctor was fired from his residency and sued the chairman of his department. Needless to say, this information proved very useful for the deposition.

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There are many books on the conduct of written statements. The most important factor for a doctor? S does not capture, in my opinion, the experience as a lawyer, the amounts for questioning. Who can read from a prepared list of questions. It takes an attorney to hear the answers and know where it goes and then a strategy on how to get and protect your clients want to develop? The rights to the best of your ability.

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