15 Key Deposition Techniques in a Medical Malpractice Case
QUESTIONS TO ASK THE DEFENDANT DOCTOR
WARNING:
Preparation is the entire key to a doctor s deposition. You must spend countless hours reviewing the entire file, reviewing all the medical records, notes and entries in the chart. You must know and review your theory of liability, causation and damages before you begin to review the file. You must keep track of anything in the chart that will help you in your quest to prove each element of liability, causation and damages.
1. Most lawyers ask the same boring questions at the beginning of every deposition:
a. State your name and address
b. State your qualifications, pedigree, schooling, etc.
Comment: OK, this is fine, but very boring and very expected
...are still tricky for some people to understand. While relational databases can be thought of as tables that have several indexes, this is more than many people want to deal with. Second, the collaboration tools are tough to learn and ...
...warriorforum, Richdad. The posting activity is recorded so you can see the dates of the post going back and forth. Do not bother with a forum that is not having activity. There are usually separate topics of discussion so if ...
2. Go ahead- ask why they operated on the wrong side of the brain as your first question. Objection, no foundation, says the defense attorney. So where does it say in the CPLR I need to lay a foundation question? Despite this exchange of ideas , if you get such an objection, then simply ask:
a. Didn t you operate on my client on this date?
b. Isn t it true you operated on the wrong leg?
c. Why?
3. I always advocate asking the why question at deposition. It is much better to know the reasons why a doctor did or didn t so
...Wallpapers Cost: Some websites offer free Friendship wallpapers while quite a few websites charge money. Select from free websites if you do not want to spend money. You will get good wallpapers at no cost. Why pay when they are ...
4. Make the doctor read his notes into the record. This is important for anyone who is trying to decipher the doctor s handwriting later on. Your expert will definitely need to know whether the scribble is important, and the only way to do that
...recruit. The upline consists of distributors who are above the business owner in the MLM hierarchy and receive commissions based on his or her sales. These commissions, also known as benefits or rewards, are tracked through a points system, where ...
5. Be polite. At all times. You can t imagine how many lawyers don t listen to this recommendation. They think they know it all, are sarcastic, belligerent, annoying, and really annoy everybody in the room. The doctor s attitude in responding changes as well. No longer is the doctor as verbose. No longer does the doctor look like the perpetrator. Rather, he might begin to look like a victim if attacks against him and his credibility are kept up.
6. You can still make all your points without being hostile, angry, yelling or screaming. The old saying you get more with honey than with vinegar
...delivers the most beans in the least amount of time wins the game. Lots of loud Latin music and a conga line are always a hit, and filled with laughter. Periodically, throughout the party, simply yell, Conga and everyone must ...
7. There are times when you want to rile the physician. You want to know if you can push his buttons. You want to know how easily it is to rankle his composure. If it s easy to do at deposition, your trial strategy toward this witness just got that much easier.
8. Find out about conversations
...a task for his team out of hat that holds many. The tasks for each team will be bizarre and unpredictable. For example, a task may be to line up with the biggest big toed person on the left and ...
9. Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked.
a. Ask whether their hospital privileges have ever been suspended
...succession of the family, and there is an unbroken chain of succession from these (ancient) times down till today. If we were to discuss the succession to the headship of a family, it would be necessary to distinguish between the ...
b. Always ask whether the doctor has given testimony before.
i. Ask whether it was an an expert for plaintiff or defendant
ii. Ask whether they were a treating physician
iii. Ask what type of case it was, and the name of the case
iv. Ask whether they were paid for their time in Court to testify in that matter
10. In New York, in a medical malpractice deposition, you must ask opinion questions. The doctor- as a defendant is required to answer expert questions and give answers about his medical opinions.
a. Do you have an opinion, with a reasonable degree of medical probability whether the treatment rendered to Mrs. X was appropriate and within
...potential additional cause of confusion for genealogy research. Congress didn't get around to creating an actual "census office" until right before the 1850 census. The 1790 census law required the U.S. marshals to deposit the original returns from their assistants ...
b. If you have an opinion, what is that opinion?
c. Confront the doctor with other opinions in the medical community that disagree with his school of thought and ask what he thinks of those opinions.
d. Ask the doctor to admit to certain facts- Here s an example:
i. Isn t it true the patient got Ex-lax at 10 p.m.?
ii. Isn t it true that patients with colon tumors shouldn t get ex-lax?
iii. Are there any circumstances when you would prescribe this medication for a patient who had this tumor?
iv. Would you agree that if the patient got ex-lax at 10 pm that would be a departure from good care?
v. Would
...chocolate candy or molded in sugar free candy reproducing famous sculptures or everyday symbols like a heart or the type of cherubs representing Valentine's Day. In fact, many birthday gifts are associated to other common celebrations such as Mother's Day, ...
vi. Would you agree that had she not gotten the ex-lax at 10 pm, she wouldn t have suffered the bowel perforation?
11. Make sure you rule out other potential causes of injury besides the malpractice that you are claiming occurred here. The reason you do this is to learn the potential defense to your case. The defense will always come up with some explanation as to why your argument is not valid. Better you should learn it during the deposition than to head to trial without knowing what their defense will be.
12. Ask many open ended questions. Ask who/ what/
...an onscreen guide that will walk you through the entire process. The Karaoke Player is where you get to have some fun with that creation. You've made your Karaoke cd now you get to use it. Select your tack, use ...
13. Ask about medical definitions.
a. What is an endocervical curettage?
b.
...password. It is similar with Password to modify. But it is not that easy with Password to open: The first versions of Microsoft Word had rather weak security; it took a bit more time to crack it compared to the ...
c. What is hypoxia?
d. Ask whether these definitions are commonly accepted within the medical community, or whether there are other schools of accepted definitions.
14. Ask whether they ve reviewed any medical literature or textbooks prior to coming to the deposition.
a. Did you bring any with you?
b. Which ones did you review?
c. What did you learn from the article? Did it support your position here, or was it contrary to your position?
15. Finally, but not last, ask about credentials, schooling, licensing, board certification- but you should already have this information before your deposition when you research the defendant doctor. I always advocate doing a Google search on the physician to
...a photographic history of past and present family members. Any storage box can hold the materials that the crafter uses to label the photographs and add mounting corners to create a wonderful record of family history. There is a macho ...
___________________________
There have been many books written about how to conduct depositions. The most important factor about taking a doctor s deposition has, in my opinion, been the experience of the attorney doing the questioning. Anyone can read from a list of prepared questions. It takes an experienced attorney to listen to the answers and know where you want to go and then develop a strategy on how to
...or company name. 5. If a Pfishing e-mail seems particularly threatening or worrisome to you,report it to the Internet Crime Complaint Center (www.ifccfbi.gov), apartnership between the FBI and the National White Collar Crime Center. 6. If it's too late and ...
For more information, please feel free to call me, 516-487-8207
Gerry Oginski
Gerry Oginski is an attorney with over 16 years of experience handling medical malpractice and injury cases involving car accidents, trip and falls, defective products and medication errors. His consultations are always free. He invites injured victims and their family members to call with any legal questions they may have about their injuries or their accident. The consultation is free, and there is never any pressure or obligation at any time. Call Mr. Oginski today and get the information you need to help you through the legal minefield; 516-487-8207, or visit his website at
...granular shock for some pool owners because you simply walk up to the pool and dump the liquid in. The problem is that after you dump the hazardous liquid in your pool, you have to dispose of all the empty ...