Giving a Deposition? What Doctors Need to Know! Presented by: Jeffrey Goodis, Esq....

Giving a Deposition? Giving a Deposition? What Doctors Need to What Doctors Need to Know!Know!

Presented by:Presented by:

Jeffrey Goodis, Esq. jmg@thompsongoodis.comThompson Goodis Thompson Groseclose Richardson Miller, P.A., St. Petersburg, FL

Alan S. Gassman, Esq.agassman@gassmanpa.comGassman 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