ASK THE DEFENDANT DOCTOR
WARNING:
Preparation is the key to the entire deposition of a physician. You need to spend countless hours reviewing the entire file, reviewing all medical records, notes and entries in the table. You need to know and test your theory of liability, causation and damages before you begin to examine the file. You need to keep in mind something in the table that will help you in your quest to prove each element of liability, causation andDamage.
1. Most lawyers ask the same boring questions at the beginning of every deposition:
a. Give your name and address
b. Enter your qualifications, pedigree, school, etc.
Comment: OK, that's fine, but very boring and very expected by counsel and the doctor. Mix it up a bit. I would argue, not the creation of a physician deposition in this way. Why do not you go directly to the heart of the matter with the first question? You can always doctor the mandate, the delay orat the end. In addition, the credentials are usually to be found online or in a curriculum vitae, and determine not only where he went to school and whether he will help the Board in a special-certified. If more than one occasion, the doctor has been disoriented by this approach. They are usually prepared for questions in a lock-step manner and do not expect anything unusual, but legally permitted number of questions right away.
2. Go ahead-ask why they operated on the wrong side of thethe brain as your first question. "Objection, no foundation," said the defender. "Where is it in the CPLR, I put a question foundation?" Despite this exchange of 'ideas', if you get such an objection, then simply ask:
a. "Did not you work on my client at this time?"
b. "Is not it true that you operated on the wrong leg?"
c. "Why?"
3. I always advocate asking the 'why' question at the deposition. It is much better, the reasons why a doctor knewor not such a thing now, not save the issue before the court. At trial, can be the reason, with devastating consequences for our case, and if so, I want to know now. Moreover, if you yourself to a doctor at trial, as an adverse witness, you never want to reply to a question where you do not know the answer, ask. If you do, you subject yourself, your customers and your case fraught with risks that could jeopardize the case.
4. Make the doctor read his notes into the record. This is important for anyone whothe doctor later tried to decipher the handwriting. Your expert must know definitely whether the scribble is important, and the only way to do this, if the doctor declares on the record, what it means to scribble.
5. Be polite. At all times. You can not imagine not hear how many lawyers, this recommendation. They think they know it all, are sarcastic, belligerent, annoying, and really annoy everyone in the room. The physician attitude on the reaction also changes. Nomore, the doctor in such detail. No longer see the doctor more, as the perpetrators. Rather, it could begin to look like a victim, if kept attacking him and his credibility.
6. You can still all points without screaming hostile, angry or crying. The old adage "You get more with honey than with vinegar speaks' volumes. Obviously, you will not bend over and sweet way you always speak the physician attendance, as he screwed up. But the keyProfessional and knowledgeable. You gain more respect from your opponent (not through lack of respect or they respectfully ask the doctor worries) of, as you do if you are antagonistic.
7. There are times when you're angry with the doctor. You want to know if you can push his buttons. They want to know how easy it is to rankle his composure is. If it easy to do deposit your study strategy toward this witness just so much easier.
8. Learn more aboutThe doctor had discussions with the patient, family members and other doctors. Remember, conversations are rarely recorded in a hospital. Make sure you ask the doctor to confirm or deny comments that your client has testified about. In most cases, the doctor will no longer claim that they remember about the conversation. But if your client does not, it's much more likely that the conversation took place. If the doctor denies making certain comments, then you know you have different facts about the sameConversation and a jury must ultimately decide who is telling the truth.
9. Ask if the doctor ever had his license suspended and / or revoked practice.
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 plaintiff or defendant
ii. Ask if they have one doctor
iii. Ask, which was kind of case, andthe name of the case
iv. Ask if they were paid for their time to testify in the case law on this matter
10. In New York, in a medical malpractice deposition, you must ask opinion questions. The doctor as a defendant is obliged to answer 'expert' questions and answers about his medical advice.
a. Do you have an opinion, with reasonable probability that medical treatment was made to Mrs X in the appropriate andStandard of Care?
b. If you have an opinion, what is opinion?
c. Combating the doctor with other opinions in the medical community who wonder with his school of thought and opinion, what he thinks of those opinions.
d. Ask the doctor to admit to certain facts is an example:
i. Is it not so, the patient has ex-lax at 10 clock?
ii. Is it not true that patients with colon cancer should not be ex-lax?
iii. Are there any circumstances under which youYou write this medication for the patients who had this tumor?
iv. Would you agree that if the patient received ex-lax at 10 clock, that would be a departure from good care?
v. Would you agree that the only reason why the patient suffered injuries, because they got ex-lax at 10 clock?
vi. Would you agree if she had not gotten around to the ex-lax, would be at 10 clock, have not they suffered the bowel perforation?
11. Make sure to exclude other possible causes of injury in addition to the misconductThey claim that this occurred. The reason why you do this is to learn the potential defense to your case. The defense is always an explanation of why your argument is invalid. Better you should learn it during the deposition rather than at the top before the court without knowing what their defense will be.
12. Ask lots of open questions. Questions of who / what / where / when / why / how. In this way you get to speak to the doctor and explain. If the doctor is going on and withoutdirectly answer the question, and his lawyer lets him-that's ok. Let him always talking, you might actually some useful information. When he stops talking, just say: "Maybe my question was not clear doctor. What I sought was .... you can answer this question?" Always take the blame if the doctor says, the question is not clear. Do not respond to him with the question "What do you understand about my English question?"
13. Ask for medicalDefinitions.
a. What is an endocervical curettage?
b. What is a heart attack?
c. What is hypoxia?
d. Ask if these definitions are commonly accepted in the medical community, or whether there are other schools accepted definitions.
14. Questions whether it is a medical literature or textbooks until they have verified to the deposit.
a. Do you have any with you?
b. What contributions do you have?
c. What you have madeArticle? Does it support your position here, or was contrary to your position?
15. Lastly but not least, ask for references, training, licensing, certification board, but you should already have this information before your deposition when you research the defendant doctor. I have seen always do a Google search for the doctor to lawyer to see if they have something written, or if there is something out there online that is worth knowing. I recently learned from an online search, where sued the defendant doctor was fired from his residence and the chairman of his department. Needless to say, this information proved very useful for the deposition.
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There are many books about the behavior of statements written. The most important factor in considering a physician's deposition, in my opinion, the experience of the lawyer while the survey. Who can read from a prepared list of questions. It takes an experiencedListen> Advocate, the answers and know where you go and then a strategy on how to get there and protect your customers' rights to make the most of your skills will develop.
