1. Giving a Deposition? What Doctors Need to Know! Presented by: Jeffrey Goodis, Esq. jmg@thompsongoodis.com Thompson Goodis Thompson Groseclose Richardson Miller, P.A., St. Petersburg, FL Alan S. Gassman, Esq. agassman@gassmanpa.com Gassman Law Associates, P.A. Clearwater, FL

3. Rates of Payment

4. The difference between a compensated expert witness and a non-compensated witness of fact.

5. Do you have your malpractice insurance carrier involved if it is a patient that you have treated?

6. Program Goals:  To inform physicians about giving statements in anticipation of litigation and depositions in litigation  To provide physicians with multiple strategies for success toward being seen as a caring, compassionate, careful physician  To avoid the God Complex!

7. BACKGROUND:  What is a deposition?  Oral testimony taken under oath in response to questions posed by attorneys  Often video taped  Testimony is transcribed but the Judge/Jury are not present - only the lawyers, the witness, the court reporter and a representative of each party are usually in attendance  The transcript and/or video is ALWAYS available for use at trial if you are a PARTY

8. BACKGROUND:  What is the purpose of a deposition?  Fact finding – to discover the contents of trial testimony ahead of time  To pin down your story to eliminate surprises at trial  To try to evoke misstatements as an opportunity to show that you are dishonest or untruthful at trial  To get an overall impression of you as a witness to determine what effect you will have on the jury

9. Location, Location, Location

10. Let’s go to the videotape……

11. The power of the subpoenaed a/k/a how is the food in jail?

12. DEPOSITIONS ARE SERIOUS BUSINESS THE GOAL IS FOR YOU TO BECOME A CONFIDENT, INFORMED, SOLID AND UNSHAKEABLE WITNESS

13. DIFFERENCES BETWEEN TESTIMONY IN A DEPOSITION AND TESTIMONY AT TRIAL

14. TIPS FOR A SUCCESSFUL DEPOSITION

15. ATFQ BE HONEST

16. BE RESPECTFUL

17. BE PATIENT

18. UNDERSTAND & REPHRASE

19. NO GUESSING OR SPECULATION

20. “I don’t know” “I don’t recall”

21. CORRECT YOUR MISTAKES BUT…DON’T CORRECT THE PLAINTIFF’S ATTORNEY’S MISTAKES

22. THE VIDEO DEPOSITION: LISTEN & LOOK

23. LISTEN… TO YOUR ATTORNEY TO THE OTHER ATTORNEYS TO YOURSELF

24. OBJECTIONS SPEAKING VS. FORM

25. KISS/KISS

26. REFER TO THE PATIENT AS MR./MRS. USE “I” INSTEAD OF “WE”

27. “NO, NO, NO” “YES, YES, YES” A ROLE PLAYING GAME

28. ROAD BLOCKS

29. KEEP OTHER PROVIDERS IN THEIR “CABINETS”

30. DIAGNOSE & DISENGAGE THE HYPOTHETICAL QUESTION

31. QUESTION THE HIGHLY PAID & HIGHLY TECHNICAL

32. ACKNOWLEDGE THE OBVIOUS

33. DO NOT AGREE TO VIOLATIONS OF THE STANDARD OF CARE

34. DO NOT AGREE TO THE AUTHORITATIVE NATURE OF A TEXT …INCLUDING YOUR OWN!

35. RETROSPECTIVE VS. PROSPECTIVE

36. INFORMATION PROVIDED EARLIER OR NOT PROVIDED

37. DIFFERENTIAL DIAGNOSIS