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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The Medical Information Age - Talking To Your Doctor About The Latest Medical Advances

These days we're living in what is being called the "information age." People are booking their own flights from home and downloading music and video from all over the world.

Well, the "information age" applies to the world of medicine too. Cutting-edge medical information, if you know how to search for it, is now only a click away as you sit in front of your computer.

But, medicine is an intimidating arena and the stakes are incredibly high. Plus, the relationship between patient and doctor has traditionally been based on a high degree of trust.

What I'm saying is that I think that it's uncomfortable for most people to aggressively question their doctors. Because of this discomfort, patients may not feel as inclined to do their own research. They fear that they might upset their doctor if they walk into the medical office with research they've done themselves.

But, in my opinion, this unprecedented access to medical information will ultimately lead to revolutionary changes in the way patients and doctors interact.

I learned first-hand a few short years ago that researching an illness on the internet can be a daunting task.

A close family friend was diagnosed with breast cancer and asked me to do some research. Even though I was an emergency physician at a university hospital, I quickly learned that using the internet to get the most current information on published studies, new treatments, and clinical trials was not as easy a task as I had thought.

Ultimately I figured out how to navigate the "medical internet jungle". I found the information I needed and learned a lot along the way.

If you plan to research cutting-edge medical information on the internet, you'll need to find your own smart way.

In the end, after gathering all the information, you'll become an informed patient.

And There Are Lots Of Benefits In Being An Informed Patient

Some of the benefits are obvious. Like making sure that your doctor is aware of all potential cutting-edge treatments and available clinical trials. You need to know that "no stone has been left unturned" in the search for your best treatment option.

Knowing that you're receiving state-of-the-art care should be an enormous comfort to you.

But there are other benefits as well.

An informed and involved patient becomes a partner in his or her health care.

Too often a lack of real understanding leads patients to stop, skip, or otherwise not fully comply with their treatment. But, an informed and involved patient is much more likely to follow through with all the aspects of a treatment regimen.

In the end, it just makes good sense to be as informed as possible.

There's A Critical Second Part Of The Process

This second part involves talking to your doctors about the cutting-edge treatment options you've discovered in your research.

This is the part of the process that I believe frightens patients the most. Let me restate here what I believe will take place in the interactions between doctors and patients.

Just as patients will get more and more used to questioning their doctors in the next few years, doctors will get more and more used to being questioned by their patients.

Patients Can Now Access The Latest Medical Information.

When Their Lives Are At Stake, They're Going To Do The Research.

In the final analysis, doctors want to help their patients. And, as patients become more and more informed, doctors and patients will become accustomed to having educated, thoughtful conversations on the medical literature and what the best treatment options might be.

This doesn't mean however that there will be never be a conflict between what the patient wants and what the doctor is recommending.

For example, there might be a new surgical procedure which is being used in the treatment of certain cancers. There may be recent published studies suggesting that the new procedure might result in fewer side effects or a quicker recovery time while having the same cure rate.

But, it's possible that this procedure is only being done by a few surgeons in your area as it's new and takes some specialized training.

You might discuss this with your doctor who admits that he or she does not perform the new procedure.

At that point, you may have to make a decision about whether or not investigating the new procedure is really worthwhile.

The most common sense approach to this dilemma would be to consult with a physician specializing in the new procedure as well.

Imagine That You're An Investigative Detective

Ask straightforward but tough questions to all your doctors including questions about their results, their experience level, side effects of any proposed treatments, and the published data.

You may want to ask if you may speak to other patients that have already undergone treatment by these doctors. If you are able to do this, ask these patients how they decided on a particular treatment or even a particular doctor. Ask them how they're doing.

Continue investigating until you feel you have all the information you need to make your decision.

Many pieces of information may come up in your research. For example, there might be certain technological advances being used in certain centers which help in the accurate staging and planning of treatment. Maybe the center that you're being treated at doesn't offer these services and your research has led you to believe that there is benefit to them.

Again, you may have to make a decision about where you want to be treated.

Or, your doctor may recommend a treatment regimen to you and not mention that there are clinical trials which may be available. Or, he or she might recommend a certain clinical trial without mentioning that there are other clinical trials taking place at other medical centers.

As you do your own research, you need to be very aware that the cutting-edge treatments may not be offered everywhere.

Frank discussions with your doctors may be unavoidable. But, it's very important for you to remember that you're dealing with a serious illness and the most important thing is that you get the best possible care.

Don't Allow Your Fear Of Creating Conflict With Your Doctor Stop You From Aggressively Pursuing The Best Possible Care.

The conversations you'll have with your doctors will ultimately become quite different. Being aware of all the options allows you, if you choose, to take more responsibility for the decisions that have to be made.

Ultimately, in today's rapidly changing universe, patients are taking on more of the responsibility for making treatment decisions.

Dr. Glenn Sheiner is a medical doctor with diplomas in Emergency Medicine, Sports Medicine, and Family Medicine. Dr. Sheiner is the author of the medical multimedia digital product called Cancer Research Online Made Easy.

Dr. Sheiner created this product to help patients research cutting-edge medical information in hours not days. The product contains 5 videos illustrating exactly what to do. To learn more go to Cancer Research Online Made Easy

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How a Medical Doctor Thinks

This article exposes you to the practical methods (or maybe trade secrets) that are commonly used by doctors. For a medical student, this subject covers the basic methods in a real life situation where a medical doctor should approach a patient. This is the 'know-how' foundation (instead of just the know what) subject for to-be medical doctors.

A typical step by step approach of a doctor-patient interaction would proceed like this:

Step 1: "How can I help you": A doctor is trying to establish what your medical problem is.

Step 2: You would probably tell the doctor what your problem is e.g coughing for the past 1 week. This for the doctor is your 'symptom'.

Step 3: Your doctor will ask you further questions in order to narrow down and ascertain what the underlying problem is. A cough can be due to many reasons. It can be due to a bacterial infection (needs to be treated by antibiotic) or may just be due to the 'common flu'. Communication with the doctor is important here as it is only beneficial for you that the doctor identify the accurate reason for your medical problem.

Step 4: Your doctor will examine you (with thermometer, stethoscope etc) in order to get further information. This for the doctor is your 'signs'. For example, you may have fever and the doctor discovers that your right lung does not sound normal.

Step 5: Investigation: Your doctor may request that you take a chest X ray or may even take a sample from your throat to test for H1N1 virus.

Step 6: Treatment: Your doctor should share with you his professional opinion of his findings and recommend you to take some medication.

Step 7: Further action: Your doctor will advise you on necessary action if your condition does not improve e.g. to come back again in 3 days time or to go to the nearest hospital if its an emergency.

This is of course a simplified method of a normal patient-doctor interaction in a clinic. However, in a medical emergency; there will be of course less talking and more aggressive interventions.

The internet has provided a great opportunity for information and knowledge to be made available to the public. However, you may need to differentiate sites that are more credible than others. My opinion is that the government sites (sites with the ".gov" extension) are relatively more credible than those with ".com" extension.

An interesting book with the title: 'How Doctors Think' (by Jerome Groopman) is worthy of reading by both patients and doctors. It pinpoints why doctors succeed and why they err.

Will you look at your doctor the same way again? No doctor is perfect. As long as they have your best interest in mind, your doctor is the right doctor.

It is also important for you to know what a medical emergency is. Medical emergency problems require immediate attention by doctors in a hospital setting. Its sad to know how some patients take medical emergencies lightly resulting in preventable deaths. You should know where your nearest hospital is as most hospitals should have an emergency (ER) or accident & emergency (A&E) department. Do not wait as most hospitals are open 24 hours/day.

You should never disregard medical advice from a qualified doctor because of something you have read in the internet. Should you have any health care related problems, please call or see your doctor promptly.

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How to Complain About a Doctor and Report to the General Medical Council

The General Medical Council (GMC) is responsible for ensuring that Doctors in the England and Wales meet the standards required of good medical practise. The role of the General Medical Council is to:-

1. To keep an up to date register of qualified doctors/ consultants

2. To foster good standards of medical practice

3. To promote high standards of medical education

4. To deal fairly and firmly with Doctors or Consultants whose Fitness to Practise is in doubt.

The GMC does not deal with complaints against nurses, pharmacists, dentists, ophticians, physiotherapists or administration staff. These professions have their own governing body whom concerns should be reported to.

The law gives the GMC the authority to enforce their functions under the Medical Act 1983 and Fitness to Practise Rules 2004. All Doctors and Consultants within the UK are required to be registered with the GMC. This includes foreign doctors who trained and qualified abroad. There are currently 225,000 doctors registered on the GMC.

If a patient has concerns over medical treatment provided by a doctor such as:-

A. Serious or repeated mistakes in carrying our medical procedures

B. Prescribing drugs in a dangerous way

C. Failing to examine a patient properly

D. Fraud/ dishonesty

E. Breach of patient confidentiality

F. The Dr has committed a Criminal offence

they can report the doctor to the GMC for investigation.

Upon receiving the complaint the GMC will undertake an investigation which will include speaking to patients, witnesses and the doctor. Medical records and other documents will be reviewed. The findings will then be reviewed by two case workers (one medically qualified and one non-medically qualified). If the case workers believe there has been inappropriate action by the doctor they have the power to order:-

1. The doctor be given a warning

2. Conditions be placed on the Doctors registration so they are only allowed to work under supervision or in certain practise areas.

3. The doctor receive training

4. The doctor be suspended from the register for a period of time

5. The doctor be removed from the registrar (struck off) and thereby making it unlawful for them to practise as a doctor.

If you have concerns regarding a doctors record a search can be undertaken online at the GMC website to check the registration status of the doctor. If the Doctor has been investigated by the GMC it will show any current or historical warnings, restrictions or undertakings on the Doctor's registration.

If you have concerns about treatment provided by a doctor or consultant which has resulted in you suffering an injury, you may be entitled to compensation. The GMC cannot order a doctor to pay you compensation. Head injury UK have a specialist medical accidents department which advises client effected by head or brain injuries that are caused by medical error or neglect. Contact us on 0800 073 0988 for a free consultation as to whether you may be entitled to compensation.

Head Injury UK are Specilist lawyers who offer free advice where there are concerns over medical treatment provided by a Doctor or Consultant. We will explain the legal process on what can be done to investigate the Doctor. We will assess free of charge whether you may be entitled to compensation. Contact us to for a free consultation with one of our lawyers to see if we can help you - free of charge and with no obligation http://headinjuryuk.com/contact.html or call 0800 073 0988.

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Medical Check-Ups for Children and Doctor's Waiting Room Toys

Visits to the doctor can be traumatic for children. If you're anxious about the tantrums at the waiting room, here are tips to deal with it. Doctors are dealing with the problem by providing doctor's waiting room toys to amuse their little patients. But there is more to just bringing the kids to the doctor - it's time to teach them healthy life habits.

Kids and Their Doctors

The more the child becomes comfortable with the doctor, the better it is for you and your child. But it is a fact, though, that as a parent, bringing your kids to the doctor can be as challenging as scrambling for the top prize in the Survivor TV series.

Here's the rundown: you have fit in the schedule for the doctor, pack up a lot of comfort toys, and steel your nerves for the long drive to the clinic, and spend hours for your turn at the doctor's waiting room. Toys and snacks hurriedly brought from home are the only distraction to take the kids' mind off from the tedious waiting game.

While there, you have to amuse, distract, and entertain your kids until it is your turn to have the doctor all to yourself. It is a good thing, though, that those pediatric clinics are stacking up on colorful and interesting doctor's waiting room toys.

But beyond the visits to the doctor, you have to help your child trust your doctor by making those appointments rewarding and less distressing for your children. You can start by bringing your child for regular check-ups, not only for those sick visits. Those sessions with the doctor begins your child's appreciative journey to develop good and healthy habits.

Dealing With Your Child's Doctor

Doctors are ready to work with you to give the best medical care for your child. As a parent, follow these tips:

* Take note of the symptoms observed to provide accurate responses to the doctor's questions.

* Avoid distractions, so you can stay focused during the appointment.

* Let the doctor spell out the things you cannot understand.

* Be ready to listen as well.

* Show your confidence in your child's doctor.

Developing a bond with your child's doctor will make it easier for you to discuss issues that may affect your child's well-being. Issues like divorce, disabilities, and death of a loved one are concerns that can affect your child emotionally and physically.

Before your turn at the doctor's consultation room, you can review the checklist of symptoms at the doctor's waiting room. Toys, meanwhile, will amuse your child, or watching other children playing can divert your child's attention. This gives you the needed break during the wait.

Smaller children, though, have to be supervised while playing with the doctor's waiting room toys and with other children. This means you'll have to make those notes before you make the appointment and take that long drive to the doctor's office.

With little children, do not rely on grandparents or the nanny to take them to the doctor. There are things grandparents or nannies cannot do best, like answering the doctor's questions and following the doctor's instructions or asking the right questions.

They can only appreciate the doctor's waiting room toys while they watch their wards at play. So better take your kids yourself. Start them on the right path towards health awareness and watch them grow confident with their doctors.

Are you looking for quality doctor's waiting room toys, toy storage, and kids' art desk and chairs that are beautifully crafted and designed to meet the stringent demands of parents? Visit RonJuneShop.com today for more kids stuff.

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Medical Malpractice - 10 Reasons Why You Shouldn't Sue Your Doctor

1. You like your doctor

So, what's wrong with that? Nothing. Most of us like our doctors. That's why we trust them and keep going back to them for treatment. But should the fact that you like your doctor prevent you from seeking compensation when he or she committed wrongdoing that caused you physical and emotional injury?

The law in New York permits anyone who has been injured by another to bring a lawsuit for compensation. This law originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good common sense. If another person causes you harm, you are entitled to obtain money to pay for your medical expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.

So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.

2. What good will the money do for you?

This is a common rhetorical question that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again," "The money you're asking for isn't going to change anything..."

However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we obtain for the injured victim? Money is the only thing that allows us to pay the medical bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing medical care and rehabilitation. The injured victim will not be a burden on a City or governmental handout. Money will help his children go to school or camp. Money may help with modifications needed in his home- such as a wheelchair ramp or modified kitchen appliances.

Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully prevent the next person from being a malpractice victim.

3. Your doctor's reputation will be tarnished

Contrary to popular opinion, (or at least from the doctor's insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor's reputation will suffer a blemish if sued, is simply not correct.

4. Your doctor will be banished from his community

Once again, this statement is not true. The doctor will continue to practice medicine (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won't even know of the lawsuit or the award.

5. Your doctor will shut his medical practice

No he won't. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no reason for him to shut his medical practice.

In very extreme cases where the physician is a threat to the health and well-being of his patients, the New York State Department of Health can and will shut down the doctor's practice and revoke his license to practice.

But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.

6. Your doctor may lose his license

Not true. A civil lawsuit in New York has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a New York doctor to lose his license, the New York State Department of Health investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the physician gets to explain what happened and why, the Department of Health reaches their own conclusions about whether treatment was rendered in accordance with good medical care or whether there were deficiencies.

The options to punish or cure the deficiencies are many, and only as the most extreme- and last resort option would the Health Department revoke a physician's license. But simply by bringing a lawsuit against a physician for monetary compensation does not affect his license to practice medicine.

7. Your doctor may alter your records

Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer significant penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not prevent you from investigating and/or pursuing an action on your behalf. There are usually other ways to determine what treatment was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.

8. Your doctor may apologize and tell you it was all a mistake

There are recent medical and insurance studies that have confirmed that when doctors and hospital staff are straightforward and honest about what happened, patients and their families tend to understand that 'not everyone is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange to have the hospital immediately reconcile financially with the patient and his family. The studies indicate this works.

Does that mean that you shouldn't sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to decide whether such an apology is sufficient. Most people will tell you it's not.

9. Your friends and family may think you're a gold-digger

If you live your life concerned about what your friends and family think, then maybe you shouldn't sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.

Some folks simply don't want their friends and family to know they're involved in a lawsuit. The reasons are endless. "I don't want anyone knowing my business." "I don't want my neighbors knowing how much of an award I received." "I don't want my family members asking me for money- this is for my future- I can't work anymore, and I can't afford to give it away." "I don't want my relatives to argue with me about why I sued my doctor."

You must decide for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.

10. Your injuries aren't that disabling

There are cases where the injuries are significant, but have cleared up after many months or years. The fact that you may no longer be permanently disabled is a factor to determine how much your case is worth. If you are no longer disabled- we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are extremely pleased with your recovery. You should know however, that such success means that the value of your case may be limited to the time you were injured and disabled. Most people would agree with this result. You only can receive compensation for the time you were injured and disabled.

Many injured folks may make a recovery, but still be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is generally greater than where you have totally healed.

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.
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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