medical expert depositions in workers' compensation cases:...
TRANSCRIPT
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Presenting a live 90-minute webinar with interactive Q&A
Medical Expert Depositions in Workers'
Compensation Cases: Deposing Experts
and Raising Strategic Objections
Today’s faculty features:
1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific
TUESDAY, MAY 16, 2017
Scott M. Blumen, Esq., San Diego
Scott W. Gedeon, Of Counsel, Fisher & Phillips, Cleveland
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fisherphillips.com
Workers’ Compensation Expert Depositions
Presented by:
Scott W. Gedeon Phone: (440) 838-8800
Email: [email protected]
Scott M. Blumen, Esq
Email: [email protected]
May 16, 2017
fisherphillips.com
take the Deposition?
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Questionable Competency
Background, credentials, experience not appropriate for case.
Not a specialist in relevant area (i.e. not board-certified).
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Basis of Opinion Flawed
Failure to review records
Incomplete/inaccurate medical history
Facts/history not known to doctor (i.e. mechanism of injury/nature of occupational environment)
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Bias
Relationship with Attorney / Law Firm
Relationship with Referring Doctor
Relationship with the Plaintiff (i.e. previously testified in a personal
injury case for the Plaintiff)
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Preparation
for the
Deposition
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Review of Medical Records
• The key is to have all relevant records and to be familiar with their content
R E V I E W
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Review of Medical Records
• The key is to have all relevant records and to be familiar with their content
Review of Prior Depositions
• Prior deposition testimony may reveal key insights to the doctor’s practice and the formation of his/her medical opinions
R E V I E W
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Review of Medical Records
• The key is to have all relevant records and to be familiar with their content
Review of Prior Depositions
• Prior deposition testimony may reveal key insights to the doctor’s practice and the formation of his/her medical opinions
Review of Expert Report
• The critical consideration is the basis of the opinion including history, physical examination, and record review
R E V I E W
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Taking and Defending the Deposition
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Outline Proposed Topics of Questioning
•Competency/Background
•Opinion
•Basis of Opinion
•Credibility/Bias
Important Point is to Finish Strong
Examination of the Doctor
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Be careful. The jury could be watching
you
Know when objections are appropriate
• Testifying outside the four corners of the report
• Relying on hearsay
• Relying on facts not in the record
Use of continuing objections
Objections
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Be selective and use the exhibits to tell a story
Use important documents such as MRIs, x-rays, emergency room reports and specialists’ consultation reports
Exhibits should be selected because of their impact
All exhibits should be used in good faith as selective use of exhibits could backfire
Exhibits
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Post-Deposition Strategies
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Mediation
Trial
Cross-examination and impeachment of opposing party’s medical expert
Trial Deposition
In jurisdictions like Ohio, a videotape deposition is utilized for most medical expert testimony at trial
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Scott W. Gedeon Phone: (440) 838-8800
Email: [email protected]
Scott M. Blumen, Esq Email: [email protected]
Final Questions
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