Presenting a live 90-minute webinar with interactive Q&A Medical Expert Depositions in Workers' Compensation Cases: Deposing Experts and Raising Strategic Objections TUESDAY, MAY 16, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Scott M. Blumen, Esq., San Diego Scott W. Gedeon, Of Counsel, Fisher & Phillips , Cleveland The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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Workers’ Compensation Expert Depositions Presented by: Scott W. Gedeon Phone: (440) 838-8800 Email: sgedeon@fisherphillips.com Scott M. Blumen, Esq Email: smbesq1@ryouhurt.com May 16, 2017 fisherphillips.com
take the Deposition? 6 fisherphillips.com
Background, credentials, experience not appropriate for case. Not a specialist in relevant area ( i.e. not board-certified). Questionable Competency 7 fisherphillips.com
Failure to review records Basis of Incomplete/inaccurate medical history Opinion Facts/history not known to doctor Flawed (i.e. mechanism of injury/nature of occupational environment) 8 fisherphillips.com
Bias Relationship with the Plaintiff ( i.e . previously Relationship with Relationship with testified in a personal Attorney / Law Firm Referring Doctor injury case for the Plaintiff) 9 fisherphillips.com
Preparation for the Deposition 10
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 11 fisherphillips.com
Review of Medical Review of Prior Records Depositions • The key is to have all • Prior deposition relevant records and to be testimony may reveal key familiar with their content insights to the doctor’s practice and the formation of his/her medical opinions R E V I E W 12 fisherphillips.com
Review of Medical Review of Prior Review of Expert Records Depositions Report • The key is to have all • Prior deposition • The critical consideration relevant records and to testimony may reveal key is the basis of the opinion be familiar with their insights to the doctor’s including history, physical content practice and the examination, and record formation of his/her review medical opinions R E V I E W 13 fisherphillips.com
Taking and Defending the Deposition 14 fisherphillips.com
Examination of the Doctor Important Point is to Finish Strong Outline Proposed Topics of Questioning • Competency/Background • Opinion • Basis of Opinion • Credibility/Bias 15 fisherphillips.com
Objections Know when objections are appropriate Be careful. • Testifying Use of The jury could outside the four continuing be watching corners of the objections report you • Relying on hearsay • Relying on facts not in the record 16 fisherphillips.com
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 Exhibits should be selected because of their impact All exhibits should be used in good faith as selective use of exhibits could backfire 17 fisherphillips.com
Post-Deposition Strategies 18 fisherphillips.com
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 19 fisherphillips.com
Final Questions Scott W. Gedeon Phone: (440) 838-8800 Email: sgedeon@fisherphillips.com Scott M. Blumen, Esq Email: smbesq1@ryouhurt.com 20 fisherphillips.com
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