15 deposition techniques key to a Medical Malpractice case

THE DEFENDANT DOCTOR questions

CAUTION:
Preparation is the key to everything to go to a doctor? S deposition. You spend countless hours reviewing the entire file, reviewing all medical records, notes and entries in the table. You need to know and write your theory of liability, causation and damage before starting to review the file. You must keep an eye on anything in the table to help you in your quest to prove every element of liability, causation and damages.

Most of the lawyers before the same boring questions at the beginning of every deposition:

a. your name and address
b. State your qualifications, pedigree, school, etc.

Comment: OK, fine, but very boring and very expected of a lawyer and doctor. Mix it up a bit '. I never advocate starting a doctor? S deposition in this way. Why not point directly to the first question? You can at any time with the doctor? S credentials later or at the end. Furthermore, credentials usually online or in a curriculum to be found, and? Don t except to determine where he went to school and where? S board certificates to assist in any specialty. On more than one occasion the doctor was puzzled by this approach. They are usually prepared for questions in lock-step and do not expect anything unusual, but legally permitted number of questions immediately.

Second Go ahead, ask why they operated on the wrong side of the brain as the first question. ? Objection, no foundation? He said the defender. ? So where they say in CPLR I need a foundation problem has not been? Despite this change? Ideas? If you get an objection, then simply ask:

Others? Didn? They work on my T-score at this stage?
b. ? Isn? T true that operated on the wrong leg?
c. Why?

Thirdly I always wonder why those in favor? Question deposition. And 'much better, why a doctor did or did not know? T has something to save the issue rather than negotiate. At the trial, may be the reason for the devastating our case, and if so, I know now. Also, if you want to question a doctor on trial as witnesses against him, do not you ask a question where you don? T know. If you do this, you are subject to your customers and your case fraught with risks that could jeopardize the case.

Take the fourth doctor to read his notes in the register. This is important for people trying to decipher the doctor? Manuscript later. Your expert will definitely need to know whether the scribble is important, and the only way to do this is if the doctor explains, in the minutes, which means his doodle.

Fifth Be polite. At all times. Is it possible? T Don imagine how many lawyers? T, to listen to this recommendation. They think they know everything, are sarcastic, combative, angry, and very annoying to everyone in the room. The doctor? Attitude changes in the reaction. Not longer than the doctor is verbose. I no longer see the doctor, because the authors. Rather, he began to look like a victim if attacks against him and his credibility will be maintained.

Sixth You still do all the voices hostile, angry or cry cry. The old adage? You get more with honey than with vinegar? speaks volumes. Obviously there are? King suddenly not bend and sweet talk your way to get the doctor? S presence, as he caused. But the key will be with professionalism and expertise. It makes more money than your opponent-don (? T concern about compliance or lack of it by the doctor), making respectful of you, if you are antagonists.

Seventh There are times when you want to disturb the doctor. They want to know if you can push the buttons. They want to know how easy it is to hurt his composure. If you? S easy to do at deposition, your trial strategy to have these witnesses that much easier.

Discover the eighth doctor had talks with the patient, family and other doctors. Remember, conversations are rarely recorded in the hospital. Be sure to ask your doctor to confirm or deny that his client had testified about comments. In most cases, the doctor noted that they do not remember the conversation. But if your client is not it? Much more likely that the conversation took place. If your doctor denies that certain comments, then you know you have different facts on the same conversation, and a jury must ultimately decide who is telling the truth.

Ninth Ask if your doctor has ever been suspended license and practice / or revoked.

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

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

i. ask if there was an expert or defendant
ii. Ask a doctor if
iii. Ask what type of event, and the name of the event
iv. Ask if they were paid for their time to testify in the case law

10th New York, in a medical malpractice deposition, you must think to ask questions. The answer to-doctor as a defendant? Expert? Questions and answers on his medical report.

a. Have an opinion with reasonable medical probability whether the treatment was made by Mrs. X and the standard of care?

b. If you have a view, what this opinion?

c. Addressing the doctor with other opinions in the medical community that contradict with his school of thought and ask what he thinks of these views.

d. ask your doctor to admit certain facts here? An example:

i. Isn? TE 'true, Ex-Lax, the patient received at 22:00?

ii. Isn? TE 'true that patients with bowel cancer would you? T get ex-lax?

iii. There are circumstances in which they prescribe this drug for a patient who had this tumor is that?

iv. And 'agree that if the patient has ex-lax at 10 clock, which would be a departure from good care?

BCE 'agree that the only reason why the patient has suffered injury because he had to watch Ex-Lax 10?

vi. And 'agree that they had ex-LAX to 10 clock would not be gone? T underwent intestinal perforation?

11 Make sure to exclude other possible causes of accidents have occurred over the irregularities that they say here. The reason why you do this, the defense potential to get to you. The defense is getting back on an explanation of why your argument is invalid. Rather, it should during the deposition head to court without knowing what you'll get their defense.

12 ° Many ask open questions. The questions of who / what / where / when / why / how. This way you get to talk to the doctor and explain it. If your doctor? Is going on and had no direct response to demand and his lawyer, is that? S ok. Let him speak again, you might actually provide some useful information. When you stop talking, so to speak? Wasn Maybe my question is? T doctor unclear. What I tried was?. You can answer this question? Always take the blame if the doctor says, the issue is clear. Don? T he next meet? What not? T, you know something about my question in English?

13 Further information on medical definitions.

a. What is an endocervical curettage?
b. What is a heart attack?
c What is hypoxia?
questions ie whether these definitions are commonly accepted within the medical community, schools or other accepted definitions.

14th Ask if you? Review all documentation or medical textbooks prior've reached the deposition.

a. You have?
b. What have you written?
c. What do you have this article? You support your position here, or was better at your position?

15th Last but not least, on credentials, training, licensing and certification for advice, but you should already have this information before the deposition, if the defendant medical research. I always advocate a Google search on the doctor if it is true? 've Written, or if there is to see? S nothing out there online? S is worth knowing. I recently learned from an online survey, which was dismissed by a residence of the defendant physician, and sued the chairman of his department. Needless to say, this information has been found very useful for the deposition.

___________________________

There have been many books on it, was written as a deposition behavior. The most important factor for a doctor? S deposition, in my opinion, the experience of a lawyer of the study was done. Anyone can read from a list of questions prepared. It takes an experienced attorney to hear the answers and know where to go and then develop a strategy on how to get there, protecting your client? S rights to the absolute lack.

---

Hotmail: บริการอีเมลฟรี ที่เชื่อถือได้ และสมบูรณ์พร้อม รับทันที