Deposition of the Neurologist

• Author: Kim Patrick Hart
• Pages: 373-388

5-1

Chapter 5

Deposition of the Neurologist

I. INTRODUCTION

§5:01 Why Neurologists Are Involved in Accident Cases

§5:02 The Sweetheart Deal

§5:03 The Assassins of Choice

II. DISCOVERY AND DEPOSITION OF PLAINTIFF’S TREATING NEUROLOGIST

A. Discovery

§5:10 No Need for Plaintiff to Depose Treating Neurologist, but Get Statement

§5:11 Dealing with Pre-Deposition Interrogatories

B. Preparing Treating Neurologist for Deposition

§5:20 Timing

§5:21 Review Main Points

§5:22 Review Doctor’s Records and Reports

§5:23 Review Doctor’s Relationship with You

§5:24 Discuss Letters of Protection

§5:25 Review Doctor’s Past Involvement in Litigation as Expert

§5:26 Vet Treating Doctor Thoroughly

§5:27 Review Past Cases in Which Doctor Has Testified

§5:28 Anticipate Questions about Preparation for Deposition

III. PREPARING YOUR CLIENT FOR THE COMPULSORY MEDICAL EXAMINATION

§5:40 Topics to Discuss with Client

§5:41 Taking of Medical History

§5:42 Insist on Truthfulness

§5:43 Videotape All CMEs

§5:44 Give Client Video of Prior CME

§5:45 Attend Your Client’s CME

IV. SCHEDULING COMPULSORY MEDICAL EXAMINER’S DEPOSITION

§5:50 When

§5:51 Subpoenas Duces Tecum

§5:52 Video?

V. PREPARING FOR DEFENSE NEUROLOGIST’S DEPOSITION

§5:60 Dissecting the CME Report

§5:61 Preparing a Roadmap for Questioning the CME Doctor

§5:62 Keeping the Defense Doctor within Specialty

§5:63 Order of Questions

VI. SAMPLE DEPOSITION OF DEFENSE NEUROLOGIST (PATIENT HAS NECK PAIN, HEADACHES A ND BULGING

DISC AT C3-C4; AND C4-C5)

§5:70 Basic Introductory Questions

§5:71 Initial Defense Contact

§5:72 Identification and Review of All Records provided by the Defense

§5:73 Additional Research and Material Reviewed by the Doctor

§5:74 Review of Written Report

§5:75 Challenging the Expert’s Opinion

§5:76 Limiting the Doctor’s Testimony to Medical Issues

§5:77 Relationship Between CME Doctor and Defense Lawyer

§5:78 Education, Training and Experience

DISCOVERY COLLECTION 5-2

VII. FORMS

Form 5:10 Neurologist’s Pre-Suit Affidavit

Form 5:20 Neurologist’s Opinion Letter

Form 5:30 Expert Witness Interrogatories to the Plaintiff

Form 5:40 Subpoena Duces Tecum for Neurologist

Form 5:50 Daubert Inquiry

Form 5:60 Motion in Limine