Cross Examination of the Defense Medical Doctor: Nine Keys for Success

1. Cross exam: Best sexologist in delhi

The best manner to preserve manipulate of the doctor on move examination is to ask questions with one fact that calls for a yes or no answer. You are giving a speech within the form of questions. The information on your questions ought to stand on their personal and not depend upon any records the witness has in their head. When deposing the defense medical doctor, there are lots of information to drag from. Here are some assets to tug information to put in on your main questions. The protection medical doctors report, plaintiff’s scientific information, the physician’s deposition to your case, depositions the health practitioner has given in different cases, journal articles written by means of the protection physician.

2. Summarize the vital admissions with main questions.

Many times a protection health practitioner will admit a few matters in deposition that assist your client’s case. We must all affirm those records with leading questions about move examination. For example in most instances defense docs will admit that a stressful occasion can result in an harm this is suitable to deal with with physician supervised physical therapy or chiropractic care within six weeks of the damage. Confirm the amount of the payments she or he agrees the collision become a big issue in inflicting.

At deposition get the defense medical doctor to admit that your customer skilled pain following the damage and that sufferers of theirs have complained of pain for various durations after an event like the one your consumer went via. Most protection medical doctors will admit that a sure section of the population is predisposed to harm and that previous harm could make humans greater liable to more damage from a later harm. Here are some inquiries to strive at the protection medical doctor’s deposition. These aren’t cross exam questions for trial.

Q. Would you settle that a few humans are more fragile than others?

Q. Would you settle that fragile human beings are frequently predisposed to extra harm or ache from an injury-generating event?

Q. Do humans enjoy ache in a different way?

Q. Some people have a greater threshold for ache than others?

Q. Is there a unique manner to degree ache?

Doctors understand that a person’s frame may be “healed” but they could nonetheless have ache. A defense doctor can be using the work “healed” to intend that, architecturally, the body has reached maximum scientific development. Some protection docs will admit that signs, along with pain, remaining long after the body has “healed.” Focus on symptoms in preference to accidents or recuperation.

3. If the protection medical doctor’s report is incomplete…

Often defense doctor’s documents may be incomplete. They won’t have all the previous scientific information and most normally defense medical doctors will no longer study the radiology images themselves. Typically their evaluation will rely on the written record of the radiologist who interpreted the pictures. This is a superb opportunity to factor out in which the defense medical doctor were given his data. Walk via with the defense health practitioner how he got the facts of plaintiff. Ask, “All the information to procure were provided by way of the defense lawyer, correct physician? Confirm the defense legal professional did now not provide the pix of plaintiff’s spine from her X-ray, MRI or CT scans. Most docs will admit that it is their general exercise to check MRI photographs themselves earlier than you make a decision on whether or no longer to carry out surgical operation.

Remember this problem applies with identical energy to the plaintiff’s treating docs and testifying healthcare companies. Beware, treating docs who aren’t made aware of vital medical information, or statistics approximately prior trauma are just as at risk of this sort of cross examination.

4. Some symptoms stepped forward: You believed my patron when she stated her headaches went away?

Keep an eye fixed out for signs and symptoms or pain the plaintiff has that get better. For instance it is common for injured people to have more than one locations of ache early on, a number of which resolve, simplest to be left with one or chronic conditions that are appreciably affecting their lives. If that is the case, you can employ the subsequent go examination.

Q. Did Ms. Jones’s say her complications went away?

A. Yes.

Q. Did Ms. Jones’s say her low returned pain went away?

A. Yes.

Q. Did you agree with Ms. Jones when she stated her complications went away?

A. I did.

Q. Did you agree with Ms. Jones when she said her low lower back ache went away?

A. I did.

Q. She turned into sincere with you about that.

A. Yes she changed into.

Q. Did she have any lawsuits in any other a part of her frame whilst you tested her?

A. Well, yes she said her neck was still hurting?

Q. Did you trust her whilst she said her neck become nevertheless hurting?

A. Well No or Yes I did. [Either answer is good here.]

Q. [If they Say no.] You do not country anywhere in your record which you did not agree with her, actual?

Q. Did you label Ms. Jones as a malinger in your document?

A. No.

5. Show that the protection physician is extra acquainted with law firms on the town than the names of the people he has testified against in courtroom.

You may be capable of make the point on go-exam that the defense health practitioner may be very acquainted with the names of the protection law corporations that refer him defense scientific exams, however much less familiar with all of the individuals he has testified towards. At the medical doctors deposition see how familiar the health practitioner is with the names of the more outstanding corporations that send him cases. Ask which companies refer him the maximum defense scientific examinations. If he says he does now not bear in mind, offer the names of a few corporations you understand have referred enterprise his way. He will take into account a few.

Q. Do you know the regulation firm of Smith, Jones and Johnson?

A. Yes.

Q. Do you understand the regulation firm of Levi & Louis?

A. Yes.

Q. These are regulation companies who’ve referred you commercial enterprise?

A. Yes.

Q. Doctor do you recognize Javier Martinez?

A. No.

Q. Do you already know Tom Jones?

A. No.

Q. Do you know James Lee?

A. No.

Q. Do you realize Sally Smith?

A. No.

[Make sure you get real names from real people, and have the old reports ready to back it up.]

Q. You know the law corporations I requested you approximately, real?

Q. You don’t know the names of any of the people you have got testified in opposition to in Superior Court?

Q. You don’t recall any of them do you?

Q. You don’t have any obligation for those humans do you?

Q. You do not care for them as their health practitioner do you?

Q. You don’t treat them?

Q. You don’t need to fear approximately them in any respect

Q. You simply have to produce a file that announces they are no longer harm?

Q. You simply have to produce a file for the law firm that hired you?

6. Doctor do you have got any personal patient’s that you’re liable for?

Many defense docs nevertheless have some non-public patients that they see. Here is a line of questions that exposes that absurdity that everyone receives better on the equal charge, all within six weeks time, all with a brief route of bodily remedy and a few domestic sporting events.

Q. Dr. Do you have any non-public patient’s that you’re chargeable for?

A. Yes.

Q. Do a number of them get hurt in injuries?

A. Yes.

Q. Do a number of them get harm swinging a golf club?

A. Yes.

Q. Playing tennis?

A. Yes.

Q. Jogging down the street?

A. Yes.

Q. Stepping of a curbing

A. Yes.

Q. Bending over the counter to shave?

A. Yes.

Q. Changing a baby’s diaper?

A. Yes.

Q. Any impacts in any of these incidents?

A. No.

Q. Any belongings damage?

A. No

Q. Do you ask for photographs of golfing golf equipment, or baseball bats, or tennis racquets?

A. No.

Q. Do you have got any images interior your personal patient’s charts?

A. No.

Q. Have you ever sorted each person who was ever hurt in an automobile coincidence?

A. Yes I even have.

Q. Have any of them had neck accidents?

A. Yes a number of them.

Q. Have any of them had again accidents?

A. Some of them have.

Q. Do you genuinely deal with them for this?

A. Yes I do.

Q. Some of them get well right away.

A. Yes.

Q. Have you ever heard of the phrase persistent?

A. Yes.

Q. What does that mean?

A. Well it method something that long lasting and lengthy standing.

Q. Over the years have any of your sufferers had persistent returned problems?

A. I am positive there had been a few of them.

Q. Do any of them have continual neck issues?

A. Occasionally that will happen.

Q. Well if they are saying they may be nevertheless hurting do you still cope with them?

A. Yes.

Q. Do you send some of them out for MRI’s, PT, or ache control?

A. Yes.

Q. My patron told you the fact. Her headaches got higher, her neck were given better, and her again isn’t always higher?

Q. And she was in an vehicle accident much like some of your private patients.

A. Yes.

Q. Don’t you watched medical doctor that she could have been harm to in this accident?

A. [There is not a lot he can say.]

7. Doctor do you have pictures of automobile damage in any of your non-public patients charts?

Here is a line of inquiries to factor out the absurdity of basing a medical prognosis on belongings damage estimates or photographs of vehicle bumpers. Typically you can get those admissions at some point of the deposition of a physician. Many medical doctors will admit at deposition that there’s little correlation between the quantity of injury to the quantity of damage to a automobile.

Q. Dr. Did you get a replica of the restore estimate in this example?

A. No.

Q. Did you positioned a duplicate of the repair estimate within the plaintiff’s record?

A. No.

Q. Have you ever asked any of your very own sufferers for a restore estimate from a frame keep?

A. No.

Q. Don’t you just ask your patients if they were hurt?

A. Yes.

Q. Don’t you listen to their subjective signs?

A. Yes.

Q. Aren’t their subjective court cases the first-class device you need to diagnose their issues?

A. Yes.

Q. Do you’ve got any pictures of a fender or a bumper in any of your non-public affected person’s record?

A. No.

Q. Have you ever made a prognosis of any spinal condition bases on a picture of a bumper?

A. No.

This is a good rebuttal to the not unusual defense in the low effect case of just use your “commonplace sense”. The trial that starts with a huge picture of a bumper and the refrain, “use your not unusual experience.” We need to show that round and say, “Yes, use your not unusual sense. Members of the jury, when you need to recognise why your lower back hurts do you take a look at your golf club, or your tennis racquet or your bumper? No, you feel the ache and you inform your doctor.”

Jurors don’t try to figure out if their returned hurts based totally on a physics method, they can not understand. Pose the idea, “Has every person in this court docket ever gone as much as the black board to parent out their accidents?”

eight. Create leading questions with facts lifted from the clinical statistics.

We have to take some guidelines from defense lawyers from their go examinations of plaintiffs. The satisfactory pass examinations of an injured plaintiff makes use of main questions with statistics taken from the subjective proceedings lifted from the clinical facts. A comparable approach can be used whilst move examining the defense clinical doctor. Here is a line of main questions using records lifted from clinical information.

Q. You reviewed the clinical facts of Ms. Smith’s treating doctor, Dr. Jones?

A. Yes.

Q. You are conscious on May 1st Ms. Smith pronounced to Dr. Jones that her right thumb become numb?

A. Yes.

Q. Again on May fifteenth she mentioned that her right thumb became numb?

A. Yes.

Q. And that right thumb numbness became documented by Dr. Jones in her chart on that same day May 15th.

A. Yes.

Q. Again on May twenty second Ms. Smith mentioned to Dr. Jones that her proper thumb became numb?

A. Yes.

Q. And again that symptom of right thumb numbness turned into documented by means of Dr. Jones on May 22nd.

A. Yes.

Q. These records are documented in Ms. Smith’s scientific facts.

A. Yes.

Q. You do now not dispute the fact of those information do you?

A. No.

9. Limit the defense physician who wants to testify approximately malingering.

Defense medical doctors will often testify on matters on which they’re simply now not qualified to provide testimony. A common one is testimony about malingering or secondary advantage. If the health practitioner starts pointing out that the customer is a malingerer, or advancing secondary gain, get them to admit that these are diagnoses underneath the DSM IV or DSM IV-R. Have a duplicate of the DSM standards for malingerer and ask the health practitioner to tell you what they’re. Typically they can’t. Get them to admit that they’re now not licensed to do psychology, that they may be now not practicing as psychologists or psychiatrists and that they refer their patients to experts in psychology / psychiatry if they think that they want such remedy. This demonstrates that they are not certified in that discipline and, therefore, lack the qualifications to offer testimony on those subjects. Have them admit that they did now not preform a mental examination, psycho-social history and/or did no longer behavior the battery of mental checks inclusive of the MMPI or MMCI. This shows that they lack a basis upon which to offer testimony as to a psychological analysis. Remember your deposition is as much about limiting the scope of testimony as it’s far approximately understanding what that testimony is probably. File a movement in limine to forestall that testimony.


When making ready on your cross exam of the defense medical doctor remember the fact that every case is particular. Trying to apply cookie cutter go exam strategies many now not serve you properly. Practice your cross exam in your colleagues and buddies. Have them examine the DME document and deposition and see how properly your leading questions paintings. Does each question in reality stand on its own and get in touch with for a yes or no answer? Does every of your main questions call for facts and not characterizations or critiques? After your guidance is entire, take into account the jurors expect the plaintiff to take some hits from the protection doctor for the duration of the direct exam. Your job is to no longer make it worse on go. Make some points using the powerful device of the main query and take a seat down. Remember the words of Voltaire: “The best is the enemy of the good.”

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