Deposition of the Orthopedic Surgeon

• Author: Kim Patrick Hart
• Pages: 389-404

8-1

Chapter 8

Deposition of the Orthopedic Surgeon

I. INTRODUCTION

§8:01 Common Orthopedic Injuries

§8:02 Disability and Expenses, but Not Causation, Are Usually at Issue

II. REASONS TO DEPOSE ORTHOPEDIC SURGEONS

§8:10 No Need to Depose Treating Surgeon, but Get Affidavit

§8:11 Exception: Hostile or Uncooperative Treating Surgeon

§8:12 Deposition of Defense Orthopedic Surgeon

§8:13 Videotaping Orthopedic Surgeon’s Testimony for Use at Trial

III. PREPARING TREATING ORTHOPEDIC SURGEON FOR DEPOSITION

§8:20 Time Is Limited

§8:21 Points to Cover During Pre-Deposition Meeting

IV. EXHIBITS

§8:29 Exhibits in the Digital Age

§8:30 X-Rays

§8:31 Illustrations

§8:32 Medical Bills and Records

§8:33 The Client

§8:34 AMA Guide to Disability

V. PREPARING FOR THE DEPOSITION OF DEFENSE ORTHOPEDIC SURGEON

§8:40 Get CME Report and Study It

§8:41 Review CME Transcript

§8:42 Review Videotape of Compulsory Medical Examination

§8:43 Subpoena Duces Tecum

VI. SAMPLE DEPOSITION OF DEFENSE ORTHOPEDIC SURGEON (TORN MENISCUS CASE)

§8:50 Education, Training, and Experience

§8:51 Initial Contact and Pre-Examination Materials

§8:52 The Examination

§8:53 Conclusions/Reports

§8:54 Causation and Basis of His Opinion

§8:55 Past Medical Care Appropriate and Related to Injury

§8:56 Opinions on Future Medical Care

§8:57 Lost Wages

§8:58 Effects of Injury on Client’s Ability to Earn Income in the Future

§8:59 Opinions on Permanent Injury

§8:60 Current Effects of the Injury

§8:61 Future Effects

§8:62 Areas of Agreement

§8:63 Relationship with Defense Attorney and Insurance Company

VII. ROTATOR CUFF INJURIES

§8:70 What Is a Rotator Cuff?

§8:71 Why Are Rotator Cuff Tears So Common?

§8:72 Symptoms

§8:73 Causation

§8:74 Diagnosis

§8:75 Recovery

§8:76 The Defense

§8:77 Initial Meeting With the Orthopedic Surgeon

§8:78 Preparing the Orthopedic Surgeon for Deposition

§8:79 Deposing the Defense Expert

DISCOVERY COLLECTION 8-2

VIII. SAMPLE DEPOSITION OF DEFENSE ORTHOPEDIC SURGEON (ROTATOR CUFF TEAR REQUIRING

SURGICAL REPAIR)

§8:90 Background, Education, Training and Experience

§8:91 Initial Contact, Material Received, Material Reviewed

§8:92 Doctor’s Report

§8:93 The Examination

§8:94 Medical Research

§8:95 Doctor’s Opinions

§8:96 Injury Pre-Existed Auto Crash

§8:97 Plaintiff’s Rotator Cuff Tear Is Result of His Occupation

§8:98 Plaintiff Has Made a Full Recovery

§8:99 Plaintiff Will Not Need Future Medical Care

IX. FORMS

Form 8:10 Treating Orthopedic Surgeon’s Pre-Suit Affidavit: ACL Tear

Form 8:20 Treating Orthopedic Surgeon’s Pre-Suit Affidavit: Torn Rotator Cuff