THE DEFENDANT DOCTOR questions
CAUTION:
Preparation is the key to the deposition of a doctor. 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, andDamage.
1st Most lawyers the same boring questions at the beginning of every deposition:
Others 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 support the establishment of a doctor is never in evidence in this way. Why not point directly to the first question? You can always get the credentials of a doctor or laterthe end. Furthermore, credentials usually online or in a curriculum vitae be found, and not only help determine where he went to school and is board certified in each 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.
2nd Go ahead, ask why are the wrong side of workthe brain as your first question. "Objection, no foundation," said the defender. "So where we say in CPLR I need a foundation problem has not been?" Despite this exchange of ideas', when such an objection, then just ask for:
R. "You do not work on my client at this time?"
b. "It is true that you made the wrong leg?"
c. "Why?"
3rd I always ask the lawyer why 'question to the deposition. It's much better to know why a doctor was or notsomething now to save rather than to negotiate on the issue. 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 at the trial, as witnesses against him, you can not answer a question you do not know how to ask for the answer. If you do this, you are subject to your customers and your case fraught with risks that could jeopardize the case.
4th Ask your doctor to read his notes in the register. This is important for anyone trying todoctor's handwriting to decipher 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.
5th Be polite. At all times. You can not imagine how many lawyers do not stop with this recommendation. They think they know everything, are sarcastic, combative, angry, and very annoying to everyone in the room. The physician attitude on the reaction changes. It is no longerthe doctor as verbose. I no longer see the doctor, as the authors. Rather, he began to look like a victim if attacks against him and his credibility will be held until.
6 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, not bend at the same time sweet talk your way to obtain the participation of a physician, as he fucked. But the key toProfessional and competent. It makes more money than your opponent (not for lack of respect or concern of the doctor), with respect, as you do when you are antagonistic.
7th 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. It is easy to make deposits, I am your strategy to study this witness that much easier.
8th Discover talksDoctor had the patient, family and other doctors. Remember, conversations are rarely recorded in a 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 the customer is no longer possible is that the conversation took place. If your doctor denies that certain comments, then you know you have different facts on the same conversation, and aJury will then decide who is telling the truth.
9th Ask if your doctor has ever been suspended license and practice / or revoked.
Others 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 ofCase
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 doctor as a defendant "committed experts questions' answer and answers on his medical advice.
Others Do you have an opinion, with reasonable probability of medical treatment, whether the services provided to Mrs X was appropriate and within the standardCare?
b. If you have an opinion, what this opinion?
c. Addressing the doctor with other opinions in the medical community that thought does not agree with his school and ask what he thinks those opinions.
d. ask your doctor to admit certain facts-Here's an example:
i. It is not true that the patient has ex-lax at 10 clock?
ii. Is it not true that patients with colon cancer should not get ex-lax?
iii. There are circumstances in which you writethis drug for a patient who had this tumor?
iv. And 'agree that if the patient has ex-lax at 10 clock, which would be a departure from good care?
V. And 'agree that the only reason why the patient has suffered injury because he was ex-Lax clock was 10?
vi. And 'agree that she did not become ex-LAX at 10 clock, she would not have suffered the bowel perforation?
11 Make sure to exclude other possible causes of injury in addition to the wrongdoing thatclaim occurred 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 before the court by the head, not knowing what to 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 in progress and not directly onAnswer the question and his lawyer had is that it's ok. Let him speak again, you might actually provide some useful information. When you can just hear: "Maybe my question was unclear doctor. What I sought was .... answer this question?" Always take the blame if the doctor says, the issue is clear. Do not respond to him with the question "What do not you understand my question in English?"
13 Further information on medical definitions.
What a.is an endocervical curettage?
b. What is a heart attack?
c. What is hypoxia?
d. Ask whether these definitions are commonly accepted within the medical profession or whether other schools accepted definitions.
14th Ask if they had reviewed medical literature or deposition before any textbooks, based on.
Others You have?
b. What have you written?
c. What do you have this article? Has supportYour 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 for the doctor to see if they have something written, or is there something out there that is worth to know online. I recently learned from an online search, where the defendant was a doctorfired from his residence to sue and the chairman of his department. Needless to say, this information proved very useful in the deposition.
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There were a lot of books on it, was written as a deposition behavior. The most important factor is the deposition of a physician, in my view, 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 andyou know where to go and then develop a strategy on how to get there, protecting your rights as customers' to their best ability.
