[1]-General Background
[2]-Preparation by Plaintiff's Attorney
[3]-Preparation by Defendant's Attorney
[4]-Pre-Deposition Discovery
[a]-Obtaining Records
[b]-Photographs
[c]-Interrogatories
[5]-Acquiring Medical Knowledge
[6]-Interviewing Non-Defendant Doctors
[7]-Organizing Medical Records
[8]-Consulting With Independent Experts
[9]-Physical Examination of Plaintiff
[10]-Preparing the Defendant Doctor
[11]-Preparing the Plaintiff
[12]-Other Interviews
[13]-Visiting the Scene
Med.Mal.02
Conducting the Deposition: Strategy, Tactics and Style
[1]-Introduction
[2]-General Tactical Considerations
[a]-Knowing Where the Deposition is Going
[b]-Making Sure the Question is Answered
[c]-Being Aware of Tense
[d]-Being Patient
[e]-Pursuing an Inquiry Even After Opposition
[f]-Taking Advantage of Opposing Counsel's Objections
[g]-Concluding the Deposition
[3]-Strategic Considerations for Plaintiff's Counsel
[a]-Avoiding Exposure of Theories
[b]-Revealing the Information Gathered
[c]-Guarding Against Attempts to Create a False Impression
[d]-Eliciting the Doctor's General Knowledge
[e]-Determining the Extent of the Doctor's "Recollection"
FORM NO. 1:
Distinguishing Between "Independent Recollection" and "Refreshed Recollection"
Examination of Defendant Doctor
[f]-Making the Defendant Your Expert
FORM NO. 2:
Pitting One Defendant Against Another and Making One Defendant Your Expert
Plaintiff's Examination of Codefendant Doctor
[g]-Cases Involving Multiple Defendants
FORM NO. 3:
Defendant Doctor's Implication of Codefendant
Examination by Plaintiff
[4]-Strategic Considerations for Defendant's Counsel
[a]-Avoiding Being Misled as to Plaintiff's Theory of the Case
[b]-Getting the Witness to Exaggerate
[c]-Interrupting Unfavorable Answers
[d]-Inquiry Into Plaintiff's Injuries
[5]-Using the Deposition for Other Discovery
[a]-Reviewing Medical Records
[b]-Obtaining Copies of Records
[c]-Authorizations and Stipulations
[d]-Using the Deposition for Introduction of Evidence at Trial
[6]-Other Considerations During the Deposition
[a]-Presence of Others
[b]-The Court Reporter
[c]-Dealing With a Difficult Adversary
Med.Mal.03
Plaintiff's Inquiry Into the Defendant Doctor's Background, Training and Experience
[1]-Purposes and Means of Obtaining Background Information
[2]-Areas of Inquiry
[3]-Checklist for Background Examination
FORM NO. 4:
Examination of General Medical Background of Defendant Doctor Where Qualifications Not at Issue
FORM NO. 5:
Examination of Medical Background of Defendant Doctor Concerning Doubt as to Qualifications to Perform a Specific Procedure
Med.Mal.04
Examination of Codefendants
FORM NO. 6:
Action for Injuries Sustained During Surgery for Pacemaker Lead Replacement
Examination of Codefendant Doctor by Counsel for Codefendant Hospital
Med.Mal.05
Examination of Experts
[1]-General Considerations
[2]-Deposition of Examining or Treating Doctor
[a]-Generally
[b]-Examining One's Own Expert
FORM NO. 7:
Action for Failure to Diagnose and Performance of Improper Surgical Procedure
Examination of Plaintiff's Expert Witness Neurosurgeon by Counsel for Plaintiff
[3]-Examining an Adverse Expert
FORM NO. 8:
Action for Wrongful Death Allegedly Caused by Inadequate Hospital Emergency Procedures
Examination of Plaintiff's Medical Expert by Counsel for Defendant Hospital
FORM NO. 9:
Action for Wrongful Death Allegedly Caused by Inadequate Hospital Emergency Procedures
Examination of Defendant Hospital's Medical Expert by Counsel for Plaintiff
FORM NO. 9A:
Deposition of Examining or Treating Doctor
Med.Mal.06
Examination of Office Records
[1]-Generally
[2]-Office Procedures
FORM NO. 10:
Inquiry Into Office Records and Procedures in Action for Unnecessary Osteotomy
Examination of Defendant Doctor by Counsel for Plaintiff
Med. Mal.07
Examination of Hospitals and Institutions
[1]-Ownership of Hospital
FORM NO. 11:
Determining Ownership of Hospital
Examination of Defendant Doctor Concerning Financial Interest in Hospital by Counsel for Plaintiff
[2]-Examination of Hospital Personnel Concerning Medical Records
FORM NO. 12:
Examination of Hospital Administrator Concerning Medical Records by Counsel for Plaintiff
FORM NO. 13:
Action Against Hospital for Negligent Infant Care Leading to Retrolental Fibroplasia (RLF)
Examination of Hospital Administrator Concerning Outdated Records by Counsel for Plaintiff
[3]-Examination of Hospital Personnel Concerning Malpractice
FORM NO. 14:
Action Against Hospital for Negligent Infant Care Leading to Apnea and Brain Damage
Examination of Staff Physician Concerning Record Deletions and Identification of Physician's Entries by Counsel for Plaintiff
FORM NO. 15:
Action for Wrongful Death Arising From Aspiration Pneumonia
Examination of Hospital Resident by Counsel for Plaintiff
FORM NO. 16:
Hospital Administration and Corporate Liability
Cross-Examination of Plaintiff's Expert Concerning Hospital Quality Assurance
FORM NO. 16A:
Negligence Action against Hospital for Mishandling and Causing Injury to the Body of a Deceased Patient
Examination of Defendant's Risk Management Coordinator by Counsel for Plaintiff
FROM NO. 16B:
Action for Negligent Treatment of Comatose Patient Resulting in Development of Multiple, Serious Pressure Sores, Sepsis and Premature Death
Examination of Staff Nurse by Counsel for Plaintiff
Med.Mal.08
Plaintiff's Medical History (Pre-Malpractice)
[1]-Generally
[2]-Medical History Checklist
[3]-Extent of Inquiry Into Other Medical Conditions
FORM NO. 17:
Action for Injuries Sustained During Laparoscopic Sterilization Procedure
Examination of Plaintiff Concerning Prior Similar Symptoms by Counsel for Defendant Doctor
FORM NO. 18:
Action for Unnecessary Leg Amputation
Examination of Plaintiff Concerning Adequacy of Prior Treatment by Counsel for Defendant Doctor
FORM NO. 18A:
Malpractice Action against Multiple Health Care Providers Alleging Failure to Timely Diagnose and Treat Recurrence of Squamous Cell Carcinoma
Deposition of Defendant Optometrist Who Allegedly Failed to Conduct Complete Examination Which Would Have Detected Signs and Symptoms of Post-Nasal Carcinoma Affecting Plaintiff’s Vision
FORM NO. 18B:
Malpractice Action against Multiple Health Care Providers Alleging Failure to Timely Diagnose and Treat Recurrence of Squamous Cell Carcinoma
Deposition of Defendant Radiologist Oncologist Who Allegedly Failed to Identify and Treat Early Signs and Symptoms of Post-Nasal Carcinoma.
FORM NO. 18C:
Malpractice Action against Multiple Health Care Providers Alleging Failure to Timely Diagnose and Treat Recurrence of Squamous Cell Carcinoma
FORM NO. 18D:
Malpractice Action against Personal Care Provider ("Family Physician") and Radiologist Alleging Failure to Timely Diagnose and Treat Recurrence of Squamous Cell Carcinoma
Med.Mal.09
Critical Events in the Course of Medical Treatment
[1]-Generally
[2]-Examination of Defendant Doctor Concerning Treatment of Plaintiff
FORM NO. 19:
Action for Wrongful Death Arising From Unnecessary Surgery
Examination of Defendant Doctor Concerning Non-Surgical Treatment by Counsel for Plaintiff
FORM NO. 20:
Failure to Diagnose-Examination of Defendant Emergency Room Doctor by Counsel for Plaintiff
FORM NO. 20A:
Action for Delay in Diagnosis and Treatment of Alleged "Surgical Abdomen" by Emergency Department Physicians and Attending Surgeon
Examination of Defendant Surgeon by Counsel for Plaintiff
[3]-Examination of Plaintiff Concerning Critical Events
FORM NO. 21:
Action for Injuries Sustained From Delay in Diagnosis of Abdominal Obstruction
Examination of Plaintiff by Counsel for Defendant Doctor
FORM NO. 22:
Action for Injuries From Infection Following Vasectomy
Examination of Plaintiff's Spouse by Counsel for Defendant Doctor
FORM NO. 22A:
Negligence Action against Hospital and Emergency Department Attending Physician for Improper Lumbar Puncture
Examination of Plaintiff by Attending Emergency Department Physician’s Counsel
Med.Mal.10
Conversations
[1]-Informed Consent
[a]-Generally
[b]-Authorization Forms
FORM NO. 23:
Authorization for Anesthesia
FORM NO. 24:
Permission for Operation, Procedure or Treatment
FORM NO. 25:
Authorization for Blood Transfusion
FORM NO. 26:
General Consent Form
[c]-Examination of the Defendant Doctor
FORM NO. 27:
Discussion of Alternative Anesthetic Procedures
Examination of Defendant Doctor Concerning Informed Consent by Counsel for Plaintiff
FORM NO. 28:
Discussion of Surgical Risks of Laparoscopy
Examination of Defendant Doctor Concerning Informed Consent by Counsel for Plaintiff
[d]-Examination of Plaintiff
FORM NO. 29:
Discussion of Surgical Risks of Laparoscopy
Examination of Plaintiff Concerning Informed Consent by Counsel for Defendant Doctor
[2]-Admissions
[a]-Generally
[b]-Admissions by a Party
FORM NO. 30:
Action for Misdiagnosis of Breast Cancer
Examination of Codefendant Surgeon Concerning Conversations With Codefendant Treating Doctor by Counsel for Plaintiff
[c]-Admissions to a Party
FORM NO. 31:
Action for Injuries Sustained During Laparoscopy
Examination of Plaintiff Concerning Doctor's Admissions by Counsel for Defendant Doctor
Med.Mal.11
Post-Malpractice Medical Treatment
FORM NO. 32:
Action for Mistreatment of Spinal Disease Resulting in Paralysis
Examination of Plaintiff by Counsel for Defendant Doctor Concerning Post-Malpractice Treatment by Persons Other than the Defendant
FORM NO. 33:
Action for Injuries Sustained From Delay in Diagnosis of Abdominal Obstruction
Examination of Plaintiff by Counsel for Defendant Doctor Concerning Post-Malpractice Treatment by Persons Other than the Defendant
Med.Mal.12
Specific Areas of Medicine
[1]-General Considerations
[2]-Anesthesiology
FORM NO. 34:
Action for Injuries Resulting From Failure to Immobilize Patient During Surgery
Examination of Defendant Anesthesiologist by Counsel for Plaintiff
[3]-General (Internal and Family) Medicine
FORM NO. 35:
Action for Injuries Resulting From Unnecessary Office Surgery
Examination of Defendant General Medical Doctor by Counsel for Plaintiff
FORM NO. 36:
Misdiagnosed Pregnancy
Examination of Plaintiff by Counsel for Defendant
FORM NO. 37:
Wrongful Death Action Against Hospital's Attending Physician
Examination of Hospital Pathologist by Counsel for Plaintiff and Counsel for Defendant
FORM NO. 38:
Class Action Alleging Diet Product Caused Formation of Gallstones
Examination of Defense Expert Gastroenterologist Concerning Results of Published Research Project
FORM NO. 39:
Action for Improper Oral Surgery and Lack of Post Operative Care
Cross-Examination of Plaintiff's Expert Pathologist
FORM NO. 39A:
Negligence Action against Car Service and Treating Hospital Physician for Improper Emergency Department Care
Deposition of Plaintiff in Admitted Liability Action, Multiple Internal Injuries with Complicated Post-Accident Course of Treatment
[4]-General Surgery
FORM NO. 40:
Action for Wrongful Death From Complications Following Ulcer Operation
Examination of Defendant General Surgeon Concerning Decision to Operate by Counsel for Plaintiff
FORM NO. 41:
Action for Wrongful Death From Complications Following Ulcer Operation
Examination of Defendant General Surgeon Concerning Operative Procedure by Counsel for Plaintiff
[5]-Neurosurgery
FORM NO. 42:
Action for Negligent Rhizotomy
Examination of Defendant Neurosurgeon by Counsel for Plaintiff
[6]-Obstetrics and Gynecology
FORM NO. 43:
Action for Injuries Sustained During Laparoscopy
Examination of Defendant Gynecologist by Counsel for Plaintiff
FORM NO. 44:
Action for Brain Damage Suffered by Infant During Delivery
Examination of Defendant Obstetrician by Counsel for Plaintiff
FORM NO. 45:
Action for Injuries Resulting From Failure to Properly Monitor and Respond to Progress of Plaintiff's Labor
Examination of Labor and Delivery Nurse
FORM NO. 46:
Action for Injuries Resulting From Failure to Properly Monitor and Respond to Progress of Plaintiff's Labor
Examination of Charge Nurse
[7]-Orthopedics
FORM NO. 47:
Action for Injuries Resulting From Misdiagnosis of Fractured Vertebra
Examination of Defendant Orthopedist by Counsel for Codefendant Hospital
[8]-Pediatrics
FORM NO. 48:
Action Arising From Premature Delivery and Negligent Neonatal Care
Examination of Defendant Pediatrician by Counsel for Plaintiff
[9]-Thoracic Surgery
FORM NO. 49:
Action for Injury to Nerve During Repair of Pacemaker
Examination of Thoracic Surgeon by Counsel for Plaintiff
FORM NO. 50:
Action for Injuries Sustained During Coronary Bypass Surgery
Examination of Defendant Surgeon by Counsel for Plaintiff
[10]-Urology
FORM NO. 51:
Action for Injuries Resulting From Transurethral Resection of Prostate
Examination of Defendant Urologist by Counsel for Plaintiff
FORM NO. 51A:
Action for Negligent Performance of Cystoscopy Resulting in Post-Operative Bleeding and Urinary Incontinence
Examination of Defendant Surgeon by Counsel for Plaintiff
[11]-Nephrology
FORM NO. 52:
Action for Wrongful Death Following Percutaneous Nephrostomies and Kidney Surgery
Examination of Defendant Urologist
FORM NO. 53:
Action for Wrongful Death Following Percutaneous Nephrostomies and Kidney Surgery
Examination of Plaintiff's Expert Urologist by Attorney for Defendant Urologist
FORM NO. 54:
Wrongful Death Action against Attending Psychiatrist Assigned to State Prison's Psychiatric Unit
Examination of Defendant Attending Psychiatrist by Plaintiff's Counsel
FORM NO. 55:
Malpractice Action Converted to Wrongful Death Claim Following Death of Original Plaintiff
Examination of Decedent's Father Designated as Administrator of Estate and Plaintiff in Converted Action
