|
Deposing and Examining
Doctors |
| Back to the book page |
|
To quickly search for key terms, use your browser's 'Find' function, found in the 'Edit' menu. |
|
Table of Illustrations
Illustration Gallery
Chapter 1 Deposition and Trial Examination Basics
Chapter 2 Deposition of the Chiropractor Chapter 3 Trial Examination of the Chiropractor Chapter 4 Chiropractic: Medical Science
Chapter 5 Deposition of the Neurologist Chapter 6 Trial Examination of the Neurologist Chapter 7 Neurology: Medical Science
Chapter 8 Deposition of the Orthopedic Surgeon Chapter 9 Trial Examination of the Orthopedic Surgeon Chapter 10 Orthopedic Surgery: Medical Science
Chapter 11 Deposition of the Neurosurgeon Chapter 12 Trial Examination of the Neurosurgeon Chapter 13 Neurosurgery: Medical Science
Chapter 14 Deposition of the Physiatrist Chapter 15 Trial Examination of the Physiatrist Chapter 16 Physical Medicine and Rehabilitation: Medical Science
Chapter 17 Deposition of the Neuropsychologist Chapter 18 Trial Examination of the Neuropsychologist Chapter 19 Neuropsychology: Medical Science
Chapter 20 Deposition of the Dentist and Oral Surgeon Chapter 21 Trial Examination of the Oral Surgeon Chapter 22 Dentistry and Oral Surgery: Medical Science
Chapter 23 Deposition of the Plastic Surgeon Chapter 24 Trial Examination of the Plastic Surgeon Chapter 25 Plastic and Reconstructive Surgery: Medical Science
Index
EXPANDED TABLE OF CONTENTS
Table of illustrations
Illustration gallery
Chapter 1 Deposition and Trial Examination Basics I. Deposing Medical Experts §1:01 Depositions in General §1:02 The Purpose of a Deposition §1:03 Depositions of Doctors Are Different §1:04 When Should Depositions of Experts Be Taken? §1:05 The Key to a Successful Deposition §1:06 Deposing the Opposing Expert §1:07 Preparing Your Treating Physician to Be Deposed by the Defense II. Trial Testimony of Medical Experts A. The Proper Focus §1:20 Direct Examination: Put Jury’s Focus on YOUR EXPERT §1:21 Cross-Examination: Put Jury’s Focus on YOUR QUESTIONS B. Trial Examination of Your Treating Physician §1:30 Live or Videotape? §1:31 Trial Exhibits §1:32 Preparing the Treating Physician for Direct Examination §1:33 Preparing the Treating Physician for Cross-Examination §1:34 Logistics C. Cross-Examination of Defense Physician §1:40 Preparation §1:41 The Necessary Tools §1:42 The Plan of Attack §1:43 Accentuate the Positive §1:44 Bury Trash in the Middle §1:45 Save Your Zingers for the End III. Forms Form 1:10 Notice of Taking Videotape Deposition
Chapter 2 Deposition of the Chiropractor I. Introduction §2:01 Advantages of Using Chiropractors as Experts §2:02 Disadvantages of Using Chiropractors as Experts II. Preparation for Deposition of Treating Chiropractic Physician A. General Points §2:10 Pre-Suit Affidavit §2:11 Pre-Deposition Meeting §2:12 Points to Establish §2:13 Specificity Regarding Injury §2:14 Credibility and Future Treatment B. Review All Medical Records §2:20 Client’s Past Medical Records §2:21 Chiropractor’s Own Records §2:22 Records of Compulsory Medical Exam C. Review Expected Areas of Cross-Examination §2:30 Chiropractors Are Not Medical Doctors §2:31 Relationship with Plaintiff’s Counsel §2:32 Objective vs. Subjective §2:33 Never Treated Plaintiff Before §2:34 Treatment Is Palliative and Not Curative §2:35 Positive Notes in the Chiropractor’s Records §2:36 The Economic Aspects of Being a Chiropractor §2:37 Letter of Protection §2:38 Pre-Deposition Meetings III. Preparing for Deposition of the Defense Chiropractor §2:50 Compulsory Medical Examination by Chiropractor Is Rare §2:51 Preparation Checklist §2:52 Documents to Request with Subpoena Duces Tecum §2:53 Points to Cover IV. Sample Deposition Outline: Plaintiff’s Deposition of Defense Chiropractor (Soft Tissue Back Problems) §2:60 Training and Qualifications Are Similar to Those of Medical Doctors §2:61 Chiropractic—A Valid Healing Approach §2:62 Compulsory Medical Exam: Basic Information §2:63 Points of Agreement §2:64 Appropriateness of Initial Treatment §2:65 Compulsory Medical Exam: Positive Findings §2:66 Points of Disagreement §2:67 Limitations of Exam §2:68 Defense Chiropractor’s Own Practice §2:69 Defense Chiropractor’s Relationship with Defense Attorney §2:70 The Economic Aspects of Compulsory Medical Examinations V. Forms Form 2:10 Chiropractor’s Pre-Suit Affidavit Form 2:20 Letter of Protection
Chapter 3 Trial Examination of the Chiropractor I. Live or Videotape? §3:01 Credibility Issues Weigh in Favor of Live Testimony §3:02 Likeability Factor Weighs in Favor of Live Testimony II. Preparing Treating Chiropractor for Direct Examination §3:10 Timing of Preparation Meeting §3:11 Dress at Trial §3:12 Logistics §3:13 Review Outline §3:14 Qualifications §3:15 Effectiveness of Chiropractic Treatment §3:16 Client’s History and Physical §3:17 Diagrams and Visual Aids §3:18 Treatment §3:19 Review Essential Points of Your Case §3:20 Records §3:21 List of Essential Direct Examination Points III. Preparing the Treating Chiropractor for Cross-Examination §3:30 Take Adequate Time §3:31 Review Client’s Medical Records §3:32 Prepare for Questions about Chiropractor’s Relationship with Your Firm §3:33 Prepare for Attacks on the Profession §3:34 Prepare for Attacks on Economics §3:35 Pointers for Trial IV. Voir Dire §3:40 Importance §3:41 How to Conduct §3:42 Goal §3:43 Sample Voir Dire Questions
V. Sample Direct
Examination of Treating Chiropractor §3:50 Education, Training, and Experience §3:51 Chiropractics—A Valid Healing Approach §3:52 Initial Examination of Client §3:53 Treatment and Recovery §3:54 Current Condition §3:55 Permanent Injury Caused by the Auto Crash §3:56 Past Medical Bills §3:57 Past Lost Wages §3:58 Future Medical Expenses §3:59 Future Effects on Ability to Work §3:60 Effects of the Injury on Life in the Future VI. Cross-Examination of Defense Chiropractor §3:70 In General §3:71 Defusing the Pre-Existing Condition Defense §3:72 Defense Chiropractors Are Rare; Use Cross to Educate Jury §3:73 The Battlefield §3:74 List of Essential Cross-Examination Points VII. Sample Cross-Examination of Defense Chiropractor (Low Back Pain) §3:80 Chiropractic Defined §3:81 Education and Training §3:82 The Validity of Chiropractic §3:83 Positive Aspects of CME Report §3:84 Neutralization of Prior Injury Argument §3:85 Future Medical Care §3:86 Limited Nature of the CME Exam §3:87 Relationship between Defense Chiropractor and Attorney §3:88 Economics of Chiropractic
Chapter 4 Chiropractic: Medical Science I. Medical Specialty Overview §4:01 Chiropractic Defined §4:02 Treatment and Services §4:03 Leading Text, Journals, and Other Resources §4:04 Training §4:05 Certification §4:06 Organizations and Societies §4:07 Other Professionals §4:08 References II. Soft Tissue Injuries of Neck, Shoulder, and Back A. Glossary B. Causation §4:20 Types of Soft Tissue Injuries §4:21 Common Causes of Soft Tissue Injuries §4:22 Cervical Spine Soft Tissue Injuries §4:23 Thoracic Spine Soft Tissue Injuries §4:24 Lumbar Spine Soft Tissue Injuries C. Anatomy and Physiology §4:30 Biomechanical Properties of Soft Tissue Injuries §4:31 Anatomical Components of Soft Tissue Injuries D. Testing and Diagnosis 1. Orthopedic and Neurological Testing §4:40 In General §4:41 Passive Testing §4:42 Stability Testing §4:43 Contractile/Resistance Testing §4:44 Cervical Spine Testing 2. Radiological Examination of Soft Tissue Injuries §4:50 In General §4:51 Plain Film §4:52 Stress Studies §4:53 Plain Film Myelography §4:54 Arthrography §4:55 CT Myelogram §4:56 Tomography §4:57 Computerized Tomography (CT) §4:58 Magnetic Resonance Imaging (MRI) §4:59 Video Fluoroscopy (VF) §4:60 Ultrasound (US) E. Treatment §4:70 Allopathic Treatment of Soft Tissue Injuries §4:71 Non-Allopathic Treatment of Soft Tissue Injuries F. Course and Prognosis §4:80 Phases of Healing §4:81 Phase I—Acute (Inflammatory) Stage §4:82 Phase II—Repair Stage §4:83 Phase III—Remodeling Stage §4:84 Phase IV—Chronic Stage §4:85 Prognosis G. References III. Bulging and Herniated Discs of Cervical and Lumbar Spine A. Glossary B. Causation §4:90 Disc Bulge and Disc Herniation Defined §4:91 Common Causes of Disc Bulges and Herniations §4:92 Related Injuries to Cervical Spine §4:93 Lumbar Spine Disc Conditions C. Anatomy and Physiology §4:100 Biomechanical Properties of the Intervertebral Disc §4:101 Anatomical Components of the Intervertebral Disc §4:102 Typical Pathophysiology of the Intervertebral Disc D. Testing and Diagnosis §4:110 Orthopedic and Neurological Testing §4:111 Radiological Examination of the Intervertebral Disc §4:112 Plain Film §4:113 Plain Film Myelography §4:114 CT Myelogram §4:115 Discography §4:116 Computerized Tomography (CT) §4:117 Magnetic Resonance Imaging (MRI) E. Treatment §4:130 Allopathic Treatment of Disc Bulge §4:131 Non-Allopathic Treatment of Disc Bulge and Disc Herniation F. Course and Prognosis §4:140 Acute and Chronic Disc Bulge and Herniation §4:141 Lumbar Disc Bulge or Herniation §4:142 Cervical Disc Bulge or Herniation G. References IV. Headaches A. Glossary B. Causation §4:150 Common Causes of Headaches §4:151 Types and Symptoms of Headache §4:152 Common Causes of Headache C. Anatomy and Physiology §4:160 Biomechanical Properties of Headaches §4:161 Anatomical Components of Headaches D. Testing and Diagnosis §4:170 Clinical Examination of Headaches §4:171 Plain Film §4:172 Tomography §4:173 Video Fluoroscopy (VF) §4:174 Computerized Tomography (CT) §4:175 Magnetic Resonance Imaging (MRI) §4:176 Functional MRI (fMRI) E. Treatment §4:190 Allopathic Treatment of Headaches §4:191 Non-Allopathic Treatment of Headaches F. Course and Prognosis §4:200 Diagnostic Criteria for the Three Major Types of Headaches §4:201 Factors Affecting the Frequency and Duration of Headaches §4:202 Prognosis G. References
Chapter 5 Deposition of the Neurologist I. Introduction §5:01 Why Neurologists Are Involved in Accident Cases §5:02 The Sweetheart Deal §5:03 The Assassins of Choice II. Discovery and Deposition of Plaintiff’s Treating Neurologist A. Discovery §5:10 No Need for Plaintiff to Depose Treating Neurologist, but Get Statement §5:11 Dealing with Pre-Deposition Interrogatories B. Preparing Treating Neurologist for Deposition §5:20 Timing §5:21 Review Main Points to Prove §5:22 Review Doctor’s Records and Reports §5:23 Review Doctor’s Relationship with You §5:24 Discuss Letters of Protection §5:25 Review Doctor’s Past Involvement in Litigation as Expert §5:26 Review Doctor’s CV and Professional History §5:27 Review Past Cases in Which Doctor Has Testified §5:28 Anticipate Questions about Preparation for Deposition III. Preparing Your Client for the Compulsory Medical Examination §5:40 Topics to Discuss with Client §5:41 Taking of Medical History §5:42 Insist on Truthfulness §5:43 Videotape All CMEs §5:44 Give Client Video of Prior CME IV. Scheduling Compulsory Medical Examiner’s Deposition §5:50 When §5:51 Subpoenas Duces Tecum §5:52 Video? V. Preparing for Defense Neurologist’s Deposition §5:60 Dissecting the CME Report §5:61 Preparing a Roadmap for Questioning the CME Doctor §5:62 Keeping the Defense Doctor within Specialty §5:63 Order of Questions VI. Sample Deposition of Defense Neurologist (Patient Has Neck Pain, Headaches and Bulging Disc at C3-C4; and C4-C5) §5:70 Basic Introductory Questions §5:71 Initial Defense Contact §5:72 Identification and Review of All Records provided by the Defense §5:73 Additional Research and Material Reviewed by the Doctor §5:74 Review of Written Report §5:75 Challenging the Expert’s Opinion §5:76 Limiting the Doctor’s Testimony to Medical Issues §5:77 Relationship between CME Doctor and Defense Lawyer §5:78 Education, Training and Experience VII. Forms Form 5:10 Neurologist’s Pre-Suit Affidavit Form 5:20 Neurologist’s Opinion Letter Form 5:30 Expert Witness Interrogatories to the Plaintiff Form 5:40 Subpoena Duces Tecum for Neurologist Form 5:50 Daubert Inquiry Form 5:60 Motion in Limine
Chapter 6 Trial Examination of the Neurologist I. Introduction §6:01 Cases in Which Neurologists Typically Testify §6:02 Timeline §6:03 Exhibits §6:04 Live or Videotape? §6:05 Special Problems II. Preparing the Treating Neurologist to Testify A. Direct Examination §6:10 Review Main Points §6:11 Medical Illustrations and Exhibits B. Cross-Examination §6:20 Review Main Points §6:21 Review Previous Testimony §6:22 Prepare for Questions Concerning Doctor’s Relationship with You and Finances §6:23 Identify Two or Three Main Problems III. Sample Direct Examination of Treating Neurologist (Fibromyalgia) §6:30 Background Training and Experience §6:31 Client’s Initial Office Visit §6:32 Fibromyalgia Explained §6:33 Diagnosing Fibromyalgia—Physical Exam §6:34 Test Used to Confirm Diagnosis of Fibromyalgia §6:35 Treatment §6:36 Causation and Permanency §6:37 Past Medical Expenses §6:38 Future Medical Needs and Expenses §6:39 Past Lost Wages §6:40 Future Inability to Earn Income §6:41 Current Problems §6:42 The Future IV. Cross-Examination of Defense Neurologist A. Preparation §6:50 Review CME Report §6:51 Review Deposition Transcript §6:52 Review Doctor’s Testimony and CME’s in Previous Lawsuits §6:53 Review Video of Compulsory Medical Examination §6:54 Visit the Doctor’s Website B. Technique §6:60 Begin by Underlining Points of Agreement §6:61 Move on to Crucial Issues §6:62 Show Limited Nature of CME §6:63 Fun with Numbers §6:64 A Final Thought
V. Sample
Cross-Examination of Defense Neurologist §6:70 Agreed Historical Facts §6:71 Initial Medical Treatment §6:72 Agreement on Causation §6:73 Initial Treatment by Orthopedist §6:74 Initial Signs of Reflex Sympathetic Dystrophy §6:75 Facts Concerning Reflex Sympathetic Dystrophy That Defense Neurologists Can Agree On §6:76 Initial Treatment by Maria’s Neurologist, Dr. Jerry Schwartz §6:77 The CME Neurologist Report §6:78 CME Video §6:79 Limited Nature of the CME Examination §6:80 Economics of Compulsory Medical Examination §6:81 Website VI. FORMS Form 6:10 Sample Pretrial Timeline
Chapter 7 Neurology: Medical Science I. Medical Specialty Overview §7:01 Neurology Defined §7:02 Usual Role of Neurologists in Trauma/Injury §7:03 Services Provided by Neurologists §7:04 Training and Board Certifications §7:05 General Neurology §7:06 Neurology Subspecialties §7:07 Leading Texts and Journals II. Cervical Strain, Sprain, and Whiplash A. Glossary B. Anatomy §7:20 Cervical Spine §7:21 Neck Muscles C. Causation §7:30 Introduction to Cervical Strain §7:31 Mechanism of Injury D. Diagnosis §7:40 Medical Evaluation §7:41 Locating Source of Pain E. Treatment §7:50 Medical (Drug) Treatment §7:51 Non-medical Therapy §7:52 Surgical Treatments §7:53 Facet Joint Injections §7:54 Trigger Point Injections F. Course and Prognosis §7:60 Acute Pain Complaints §7:61 Chronic Pain Complaints §7:62 Headaches §7:63 Dizziness §7:64 Blurred Vision §7:65 Numbness and Tingling §7:66 Cognitive Symptoms §7:67 Psychiatric Symptoms G. References III. Herniated and Bulging Discs A. Glossary B. Anatomy §7:80 The Intervertebral Disc §7:81 Herniated Disc and Bulging Disc §7:82 Changes in Spinal Cord with Aging §7:83 Facet Joints (or Uncovertebral Joints) §7:84 Sources of Pain in Bulging or Herniated Discs C. Causation §7:90 Causes of Bulging Discs §7:91 Causes of Herniated Discs D. Diagnosis §7:100 History §7:101 Examination §7:102 Imaging Techniques §7:103 Problems with MRI Scan Diagnosis of Herniated Disc or Radiculopathy E. Treatment §7:110 Non-Specific Treatment of Symptoms (Pain Complaints) §7:111 Specific Therapy §7:112 Surgical Treatment for Herniated or Bulging Discs §7:113 Newer Non-Surgical Treatments of Herniated or Bulging Disc F. Course and Prognosis §7:120 In General §7:121 Effectiveness of Disc Surgery G. References IV. Post-Traumatic Myofascial Pain Syndrome A. Glossary B. Anatomy §7:130 Definition §7:131 The Trigger Point §7:132 The Referral Zone §7:133 Clinical Symptoms §7:134 Diagnosis C. Treatment §7:140 Trigger Point as Source of Pain §7:141 Non-Medical Treatment §7:142 Trigger Point Injections §7:143 Dry Needling §7:144 Transcutaneous Nerve Stimulation and Regional Anesthesia §7:145 Medical Management §7:146 Legal Issues and Medical Pitfalls with Myofascial Pain Syndrome D. References V. Complex Regional Pain Syndrome A. Glossary B. Definition & Cause §7:160 Complex Regional Pain Syndrome Defined §7:161 Causes of CRPS §7:162 Causalgia §7:163 CRPS I |
