giving a deposition? what doctors need to know! presented by: jeffrey goodis, esq....
TRANSCRIPT
Giving a Deposition? Giving a Deposition? What Doctors Need to What Doctors Need to Know!Know!
Presented by:Presented by:
Jeffrey Goodis, Esq. [email protected] Goodis Thompson Groseclose Richardson Miller, P.A., St. Petersburg, FL
Alan S. Gassman, [email protected] Law Associates, P.A.Clearwater, FL
Rates of PaymentRates of Payment
The difference between a The difference between a compensated expert compensated expert witness and a non-witness and a non-compensated witness of compensated witness of fact.fact.
Do you have your Do you have your malpractice insurance malpractice insurance carrier involved if it is a carrier involved if it is a patient that you have patient that you have treated?treated?
Program Goals:Program Goals:
To To informinform physicians about giving physicians about giving statements in anticipation of statements in anticipation of litigation and depositions in litigation litigation and depositions in litigation
To provide physicians with multiple To provide physicians with multiple strategies for success strategies for success toward being toward being seen as a caring, compassionate, seen as a caring, compassionate, careful physiciancareful physician
To avoid the God Complex! To avoid the God Complex!
BACKGROUND:BACKGROUND: What is a deposition?What is a deposition?
Oral testimony taken under oath in response Oral testimony taken under oath in response to questions posed by attorneysto questions posed by attorneys
Often video tapedOften video taped Testimony is transcribed but the Judge/Jury are Testimony is transcribed but the Judge/Jury are
not present - only the lawyers, the witness, the not present - only the lawyers, the witness, the court reporter and a representative of each court reporter and a representative of each party are usually in attendanceparty are usually in attendance
The transcript and/or video is ALWAYS The transcript and/or video is ALWAYS available for use at trial if you are a PARTYavailable for use at trial if you are a PARTY
BACKGROUND:BACKGROUND:
What is the purpose of a deposition?What is the purpose of a deposition? Fact finding – to discover the contents of trial Fact finding – to discover the contents of trial
testimony ahead of timetestimony ahead of time To pin down your story to eliminate surprises at To pin down your story to eliminate surprises at
trialtrial To try to evoke misstatements as an To try to evoke misstatements as an
opportunity to show that you are dishonest or opportunity to show that you are dishonest or untruthful at trialuntruthful at trial
To get an overall impression of you as a To get an overall impression of you as a witness to determine what effect you will have witness to determine what effect you will have on the juryon the jury
Location, Location, Location, Location, LocationLocation
Let’s go to the Let’s go to the videotape……videotape……
The power of the The power of the subpoenaed a/k/a how is subpoenaed a/k/a how is the food in jail?the food in jail?
DEPOSITIONS ARE DEPOSITIONS ARE SERIOUS BUSINESSSERIOUS BUSINESS
THE GOAL IS FOR YOU TO THE GOAL IS FOR YOU TO BECOME A CONFIDENT, BECOME A CONFIDENT, INFORMED, SOLID AND INFORMED, SOLID AND
UNSHAKEABLE WITNESSUNSHAKEABLE WITNESS
DIFFERENCES BETWEEN DIFFERENCES BETWEEN TESTIMONY TESTIMONY
IN A DEPOSITION IN A DEPOSITION AND TESTIMONY AT TRIALAND TESTIMONY AT TRIAL
TIPS FOR A TIPS FOR A SUCCESSFUL SUCCESSFUL DEPOSITIONDEPOSITION
ATFQATFQBE HONESTBE HONEST
BE RESPECTFULBE RESPECTFUL
BE PATIENTBE PATIENT
UNDERSTAND & UNDERSTAND & REPHRASEREPHRASE
NO GUESSING NO GUESSING OR SPECULATIONOR SPECULATION
““I don’t know”I don’t know”“I don’t recall” “I don’t recall”
CORRECT YOUR CORRECT YOUR MISTAKESMISTAKES
BUT…DON’T CORRECT BUT…DON’T CORRECT THE PLAINTIFF’S THE PLAINTIFF’S
ATTORNEY’S MISTAKESATTORNEY’S MISTAKES
THE VIDEO DEPOSITION:THE VIDEO DEPOSITION:LISTEN & LOOKLISTEN & LOOK
LISTEN…LISTEN…TO YOUR ATTORNEYTO YOUR ATTORNEY
TO THE OTHER TO THE OTHER ATTORNEYSATTORNEYS
TO YOURSELFTO YOURSELF
OBJECTIONSOBJECTIONS
SPEAKING SPEAKING VS. VS.
FORMFORM
KISS/KISSKISS/KISS
REFER TO THE PATIENT REFER TO THE PATIENT AS MR./MRS.AS MR./MRS.
USE “I” INSTEAD OF USE “I” INSTEAD OF “WE”“WE”
““NO, NO, NO”NO, NO, NO”“YES, YES, YES”“YES, YES, YES”
A ROLE PLAYING GAMEA ROLE PLAYING GAME
ROAD BLOCKSROAD BLOCKS
KEEP OTHER PROVIDERS KEEP OTHER PROVIDERS IN THEIR “CABINETS”IN THEIR “CABINETS”
DIAGNOSE & DISENGAGEDIAGNOSE & DISENGAGETHE HYPOTHETICAL THE HYPOTHETICAL
QUESTIONQUESTION
QUESTION THE HIGHLY QUESTION THE HIGHLY PAID & HIGHLY PAID & HIGHLY
TECHNICALTECHNICAL
ACKNOWLEDGEACKNOWLEDGETHE OBVIOUSTHE OBVIOUS
DO NOT AGREE TODO NOT AGREE TOVIOLATIONS OF THEVIOLATIONS OF THESTANDARD OF CARESTANDARD OF CARE
DO NOT AGREE TO THEDO NOT AGREE TO THEAUTHORITATIVE NATUREAUTHORITATIVE NATURE
OF A TEXTOF A TEXT…INCLUDING YOUR OWN!…INCLUDING YOUR OWN!
RETROSPECTIVERETROSPECTIVEVS.VS.
PROSPECTIVEPROSPECTIVE
INFORMATIONINFORMATION
PROVIDED EARLIER PROVIDED EARLIER OROR
NOT PROVIDEDNOT PROVIDED
DIFFERENTIAL DIFFERENTIAL DIAGNOSISDIAGNOSIS