Medical Malpractice - How to Become a Black Belt When Questioning a Doctor

Learn how to be a black belt attorney when questioning a doctor at their deposition.

1. Never give advance warning of what you intend to ask.

A black belt is confident of their abilities. They don't need to show off. They don't need to put on a show. They certainly don't need to impress the doctor with their legal prowess. When questioning a doctor at a deposition, I always advocate asking the key questions in the case AT THE VERY BEGINNING of the questioning.

Most physicians are not anticipating that the key issues will be discussed at the beginning. Most defense attorneys will prepare their doctor-client for the typical credentials checklist..."Where did you go to medical school, where did you do your residency, are you board certified, etc." By going directly to the heart of the case early on in the deposition, you might stand a slight advantage and get an unexpected answer you would not have obtained had you started with the standard questions.

2. Question the doctor as if you are cross-examining him at trial.

I advocate using leading questions at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question during a doctor's deposition. There are also times when I want a doctor to talk at length about why he rendered a particular treatment, or what was the standard of care for treating a particular condition.

In New York, lawyers are no longer permitted to obstruct depositions by continually objecting to questions. Virtually every question asked must be answered, even though the defense attorney raises an objection. The only time a question does not have to be answered is when it is "palpably improper" or addresses something that is inherently privileged material..."What did you talk to your lawyer about before the deposition?"

3. Be respectful.

A black belt is always respectful to an adversary and to their colleagues. This is not a sign of weakness. Just the opposite. It is a sign of strength. Being hostile and argumentative with a doctor at their deposition, in my opinion, is not productive. If you are attempting to 'push the doctor's buttons' by being hostile, your intention may be worthy, but the method you are using is self-defeating, and not appropriate.

Everyone in the conference room knows what role they play. The doctor looks at you as the 'bad guy'. The defense attorney looks at you as an adversary. You look at the doctor as the culprit who caused your clients' horrific injuries. I advocate putting all this aside. Be respectful, and give the doctor the respect he deserves. Then, with your exacting questions, tear him apart step by step- and do it with a smile on your face.

"Please define erbs palsy. Please describe how a baby can get erbs palsy. Is there any other way to get erbs palsy except by putting excessive lateral traction on the baby's head? Would you agree that putting excessive lateral traction on the baby's head would be a departure from good medical care?"

Remember, each question is a building block for the next one. Build up your case with carefully crafted questions that establish the standard of care, then show through the doctor's own records, that those standards were not followed.

4. Understand your limitations

A good medical malpractice lawyer knows what he knows and also knows what he does not know. (Some call this Murphy's law). The doctor has spent years studying medicine. Expect that they will have a greater breadth of the key issues in the case than you. Accordingly, you must prepare extensively. Get out those medical textbooks. Search those medical journals. Re-review the hospital records. Call your medical expert and discuss the case. Have your expert teach you the medicine.

By the time you are ready to question the defendant doctor in your case, you should have an excellent understanding of the medicine and be able to discuss the medical issues with ease. If you can't, you should spend more time studying. You have to become an expert on this limited area of medicine involved in your case. That is the only way you can properly and adequately take the doctor, head on, in a battle of questions and answers.

5. Do not expect the defendant doctor to scream "OK, I give up!" during the deposition

Unlike sparring in the ring (known as kumite), the doctor will often be defensive and at times may verbally attack either you or your knowledge of the medicine. When sparring in martial arts, a black belt looks to score points by hitting key vital areas of the body. An attorney who seeks to be a figurative black belt at questioning a doctor also seeks to hit key issues in the case- and looks to score those vital points as well.

However, I advocate that when you get a key answer that is favorable to you, simply move on to another question. Do not thrust your hand in the air and yell, "Yes!" Do not smile that 'all-knowing' smile like you're better than everyone else in the room. Do not throw that figurative football in a hoop-roaring dance in the end zone. Instead, just move on to the next question and go after the next issue in your case.

CONCLUSION

Following these ideas will lead you on your quest to become a 'black belt' when questioning a doctor at their deposition.

Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. http://www.oginski-law.com 516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

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Become A True Professional With A Doctorate Degree

The doctorate is the highest level collegiate achievement. It is a prestigious commendation indicative of hard work, dedication, and professionalism. The doctorate degree's common meaning has changed over time, and its current representation is a creation of the 20th century. Until then, doctorate degrees were not frequently held by professional teachers, aside from senior scholars and clergy. Fast forward to today, most academic scholars earn doctorates before beginning their professional careers. While popular, teaching is certainly not the only application for such a degree.

In the United States, doctorate degrees can be generally divided into two categories of distinction: professional doctorates and research doctorates. The professional doctorate is logically designed to establish an advanced level of education for a number of professional applications. The research doctorate establishes that the student has mastered his/her theory in such excellence that his/her work is worthy of publication, typically in a peer-reviewed journal.

The most common research doctorate conferred to U.S. students is a PhD, or Doctor of Philosophy, although it's one of many. Most research doctorate programs require a Master's degree for admission, although there are some programs in existence that accept students with undergrad baccalaureate degrees.

Depending on the area of study, a research doctorate can take anywhere from three, upwards to ten years to complete. The criteria for completion typically includes of a final submission for review. This submission can take the form of an exam or test gauging the student's comprehension. It can also be a thesis, or dissertation, demonstrating the student's mastery of his/her theory. And some programs ask for a compilation like a portfolio in order to earn a doctorate. The exam/final submission criteria are entirely dependent on the area of study.

The professional doctorate, in contrast to the research degree is not a certification of subject mastery, but rather official recognition of the highest level of professional education completion. Students learn about the history, theory, development, technology and resources relevant to their focus. Doctors of Medicine (MD), for example, learn about complex anatomical details of the human body, while simultaneously learning about chemical processes that can create beneficial medicines. Juris Doctors (JD) might study historical trials as support material for mock trials.

Professional doctorates are intended to create the most trained specialists in any respective field. Many of these degrees extend to health professions, like Doctor of Pharmacy (D.Pharm) and Doctor of Chiropractic (DC). Others involve legal expertise like Juris Doctors (JD), who go on to become lawyers, and business education, like Doctor of Management and Doctor of Organizational Management and Leadership (DM).

Professional and research degrees have their own dissimilarities, and each program within the umbrellas is also unique. Although a Master's degree is not always necessary, many programs will require it. So if you're considering earning your doctorate, be sure to research the admissions requisites. Additionally, your transcripts should be honorable. Poor grades, low G.P.A. and/or GRE scores can limit your choices when applying to schools for a doctorate degree.

Letters of recommendation are another requirement that many doctoral degrees will require of candidates. If you're currently enrolled in school, speak with professors that you've worked well with on extracurricular programs, a research project, or even a band or club. The letter should truly recommend your knowledge and potential and so this person should know you well. And since you are applying to graduate schools, it is a good idea to obtain this backing from someone who has also earned his/her doctorate degree.

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