Questions To Ask The Defendant Doctor
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Preparation is the whole key to a doctor's deposition. You must spend countless hours reviewing the whole file, reviewing all the healing records, notes and entries in the chart. You must know and characterize your ideas of liability, causation and damages before you begin to characterize the file. You must keep track of anyone 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 by defense counsel and the doctor. Mix it up a bit. I advocate never beginning a doctor's deposition this way. Why not go right to the heart of the case with the very first question? You can always get the doctor's credentials later or at the end. Besides, the credentials are regularly found online or in a curriculum vitae, and don't help except to build where he went to school and whether he's board certified in any specialty. On more than one chance the doctor has been disoriented by this approach. They are regularly ready for questions in a lock-step manner and do not expect something so unusual, but legally permissible set of questions right off the bat.
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 change of 'ideas', if you get such an objection, then plainly ask:
a. "Didn't you control 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' ask at deposition. It is much better to know the reasons why a doctor did or didn't so something now, rather than save the ask for trial. At trial, the guess may be devastating to our case, and if so, I want to know about it now. Besides, when you ask a doctor at trial, as an adverse witness, you never want to ask a ask in which you don't know the answer. If you do, you subject yourself, your client and your case to inherent risks that could jeopardize the case.
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 devotee will definitely need to know whether the scribble is important, and the only way to do that is if the doctor explains, on the record, what his scribble means.
5. Be polite. At all times. You can't fantasize how many lawyers don't listen to this recommendation. They think they know it all, are sarcastic, belligerent, annoying, and unquestionably 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' speaks volumes. Naturally, you're not going to bend over and sweet talk your way to getting the doctor's admissions about how he screwed up. But, the key is being expert and knowledgeable. You gain more respect from your adversary- (don't worry about respect or lack of it from the doctor) by being respectful than you do if you are antagonistic.
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 unquestionably it is to rankle his composure. If it's easy to do at deposition, your trial strategy toward this eye just got that much easier.
8. Find out about conversations the doctor had with the patient, house members and other doctors. Remember, conversations are rarely recorded in a hospital record. Make sure you ask the doctor to confirm or deny comments that your client has testified about. Most often, the doctor will claim they no longer recall the conversation. But, if your client does, it's much more inherent that the conversation occurred. If the doctor denies production confident comments, then you know you have different facts about the same conversation, and a jury will have to ultimately decide who is telling the truth.
9. Ask whether the doctor has ever had his license to institution rehabilitation suspended and/or revoked.
a. Ask whether their hospital privileges have ever been suspended or provoked.
b. Always ask whether the doctor has given testimony before.
i. Ask whether it was an an devotee 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 healing malpractice deposition, you must ask thought questions. The doctor- as a defendant is required to sass 'expert' questions and give answers about his healing opinions.
a. Do you have an opinion, with a inexpensive degree of healing probability whether the rehabilitation rendered to Mrs. X was acceptable and within the acceptable of care?
b. If you have an opinion, what is that opinion?
c. Confront the doctor with other opinions in the healing society that disagree with his school of thought and ask what he thinks of those opinions.
d. Ask the doctor to admit to confident facts- Here's an example:
i. Isn't it true the inpatient 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 prescription this medication for a inpatient who had this tumor?
iv. Would you agree that if the inpatient got ex-lax at 10 pm that would be a departure from good care?
v. Would you agree that the only guess the inpatient suffered injury was because she got ex-lax at 10 pm?
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 inherent causes of injury besides the malpractice that you are claiming occurred here. The guess you do this is to learn the inherent defense to your case. The defense will always come up with some explanation as to why your conference is not valid. better you should learn it while the deposition than to head to trial without knowing what their defense will be.
12. Ask many open ended questions. Ask who/ what/ where/ when/ why/ how. By doing this, you will get the doctor to talk and explain. If the doctor's is going on and on without directly answering the question- and his attorney is letting him- that's ok. Let him keep talking; you might unquestionably get some useful information. When he stops talking plainly say "Maybe my ask wasn't clear doctor. What I was looking for was....can you sass that question?" always take the blame if the doctor says the ask is not clear. Don't sass to him by asking "What didn't you understand about my English language question?"
13. Ask about healing definitions.
a. What is an endocervical curettage?
b. What is a myocardial infarction?
c. What is hypoxia?
d. Ask whether these definitions are ordinarily acceptable within the healing community, or whether there are other schools of acceptable definitions.
14. Ask whether they've reviewed any healing literature or textbooks prior to advent 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 reserve 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 data before your deposition when you research the defendant doctor. I always advocate doing a Google search on the doctor to see if they've authored anyone or if there's anyone out there online that's worthwhile knowing. I recently learned from an online search where the defendant doctor was fired from his residency and sued the chairman of his department. Needless to say, this data proved very useful at deposition.
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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 caress of the attorney doing the questioning. anyone can read from a list of ready questions. It takes an experienced attorney to listen to the answers and know where you want to go and then build a strategy on how to get there while protecting your client's possession to the best of your ability.
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