advice for upcoming deposition

[ParaVert]

So I just found out that I'm being deposed in a few days regarding a patient I saw a few months ago who is seeking Workers Compensation.

Story goes, a middle-aged femaile with a long history of LBP/sciatica experienced an exacerbation of pain at work while lifting a patient about 9 months prior to seeing me. She was referred to me by an orthopod (non-spine) for sciatica. I did an L5/S1 TFESI X 1 with >80% improvement in pain at 2 week follow-up. I encouraged her to go to PT and sent her back to work. Never saw her again. At that time, she was working full-time and continues to do so.

Several months later, she sees her old pain doc who had treated her back for a long time says that her back is 20% impaired and she is entitled to cash compensation from her employer.

The employer's attorneys want to depose me on my findings, in the hopes (I suppose) of refuting any long-term impairment. They imply that since I sent her back to work and never mentioned that she is impaired, that she isn't.

Personally, I have never evaluated anyone for disability or impairment. I have no opinion on her impairment or lack therof. I did a shot, she felt better, she likes me, I don't want to get involved in this issue.

Anybody out there with some experience in this type of thing? Any advice would be tremendously appreciated in regards to keeping my ass out of hot water and staying as neutral as possible!!

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[mid|ine]

Personally, I have never evaluated anyone for disability or impairment. I have no opinion on her impairment or lack therof. I did a shot, she felt better, she likes me, I don't want to get involved in this issue.

...keeping my ass out of hot water and staying as neutral as possible!!

I think you answered your own question (of course I am not a lawyer and this is not legal advice)

 

[Mister Mxyzptlk]

As Michael Vick would say, you don't have a dog in this fight. You don't need to get anxious about it. Relax and enjoy the show.

Whoever asked for your depo needs to discuss your fee. Get the first 2 hours in advance. Believe it or not, some lawyers have actually been known to stiff people! I know, it's hard to believe, what with their code of ethics and all.

The strategy here is similar to what you'd use in your oral boards.

Listen to the question carefully.
Answer only that question.
Don't elaborate unless asked.
Don't volunteer information.
Don't try to convince the lawyers of your way of thinking - it's their job to persuade others to their way of thinking.

Unlike the oral boards, "I don't know" is a perfectly legitimate answer.

You summed up your depo here already: "I have never evaluated anyone for disability or impairment. I have no opinion on her impairment or lack thereof. I did a shot, she felt better".

You'll probably get some questions about back injuries and prognosis. Brush up on the natural history of back pain and sciatica, and the limitations of ESIs (i.e., that patients might feel great for 4-8 weeks and then relapse).

Let the guy who gave her the impairment rating justify his decision. He dug the hole, let him fill it in.

 

[Doctodd]

maybe this would be better in the physicians forum...if you are a physician.

You can bill for your time, which "may" be around $500-700/hour. I have heard of some doctors who dont want to bother with depositions and they just tell the lawyer(or both lawyers) that they will screw up their case so dont bother with the deposition. I dont condone that....i just send them a bill and request it paid well in advance....they usually dont mind cuz they pass the fee along anyway alot of times.

 

[lobelsteve]

Deposition fee schedule:

$750 hr for audio
$2500 hr for video deposition.


It allows you to buy a nice suit and get a haircut, so if you cannot sound like an intellectual, you can at least look like one.

If you like the way you look (vanity), charge less.

 

[Doctodd]

holy moly!!!!! Steve that is your fee for a depo? What do they say when you tell them your fee?

 

[Tenesma]

if you are a medical expert then you can charge these fees - but if you are in any way involved in the case they can depose you or subpoena you if you don't play game.... depends on how tough the lawyers are --- and frequently subpoenas don't pay or they give you about $11/hour for your time (personal experience)...

now you could argue that you are willing to be deposed for your care but any expert opinion as it relates to impairment/disability is a separate evaluation.

the easiest way to shoot the deposition down (so it doesn't waste your time) is to call the lawyer and tell them that you have NO experience with disability evaluations/impairment ratings but you are more than glad to discuss your notes but that you have nothing to add beyond what those notes state

when they hear that they will most likely just ask you to notarize a statement that your records are true and accurate and you won't have to be deposed ---

which saves a lot of time and headache!!

 

[Tenesma]

the whole point with fee schedules is to make yourself unavailable -- lawyers get the message... unless you like doing this kind of crap... ain't worth the effort though

 

[Tenesma]

also all money should be paid upfront or at least request a retainer to cover at least 2-4 hours of your time upfront and then you can bill subsequent to that...

a lot of lawyers "lose the checks" that were supposed to go to you and very hard to recover that money after the fact...

 

[Nonphysiologic]

Hey guys I got a message stating a patient of mine I treated as a resident is involved in a lawsuit with someone else from an mva that occurred prior to my residency. The patients lawyers want me to do a deposition about the care I provided over several visits during my residency. Should I charge them money? If so how much? By the way I'm now a fellow at a different institution.


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[Ducttape]

you should defer this back to your residency program. do it through the residency.

 

[Ligament]

Yes for example; If the attorney asks you "Dr. X, do you know what time it is?"

You should not answer "It's 11:34 AM"

You should answer "yes."

This advice I think I got from our buddy in louisiana.

 

[bronchospasm]

I had a lawyer ask me during a video deposition what I was getting paid for this deposition and who was paying for the deposition. Implying that I was taking sides because I was getting paid by my patients attorney.

I replied by asking her what percentage of the award would she get from the total settlement and how she had decided on that number.

She was shocked at my response and had to step out to drink a glass of water. Deposition was over in another 15 minutes.

I don't like to do them so I charge $2500 for any kind of depositions. Have done 4 so far . None in the past 2 years.

 

[acolyte28]

Also if a lawyer asks you what book you consider to be the standard for care, you should say "it doesn't exist".

 

[ampaphb]

Depositions are largely fishing expeditions. The less you say, the better. Even if you don't really think you can answer a question in its entirety with a yes or no, start off that way. A lot of times, a simple yes or no shuts down the lawyers line of inquiry, and he or she moves on to the next question on their list without pursuing the matter further.

They want you to talk. They want you to lose your cool, or get you off your game and say too much. Fold your hands, take a deep breath, and maintain your composure. Remember, ultimately, the information you are providing will be presented to 12 people who couldn't figure out how to get out of jury duty, NOT a jury of your peers.

Your role is to be the honest broker. The lawyer wants you to be an advocate. You don't have to say what he wants. He will try to put words in your mouth, and get you to agree, cause that is easier. Don't fall into that trap. Listen to what he is saying, and if you disagree, make your opinion known.

 

[geauxg8rs]

Depositions are largely fishing expeditions. The less you say, the better. Even if you don't really think you can answer a question in its entirety with a yes or no, start off that way. A lot of times, a simple yes or no shuts down the lawyers line of inquiry, and he or she moves on to the next question on their list without pursuing the matter further.

They want you to talk. They want you to lose your cool, or get you off your game and say too much. Fold your hands, take a deep breath, and maintain your composure. Remember, ultimately, the information you are providing will be presented to 12 people who couldn't figure out how to get out of jury duty, NOT a jury of your peers.

Your role is to be the honest broker. The lawyer wants you to be an advocate. You don't have to say what he wants. He will try to put words in your mouth, and get you to agree, cause that is easier. Don't fall into that trap. Listen to what he is saying, and if you disagree, make your opinion known.

Don't be afraid to ask for a restate of the question.
Don't let them ask
Some rambling nonsensical question. They will then restate as a more direct question

 

[Nonphysiologic]

Ok well looks I saw this patient once in my continuity clinic in residency. There's no way I can get in trouble right? It's not a malpractice case rather my patient was involved in an mva with another person prior to even seeing me. Also what's a fair rate to charge them? I really don't feel like doing this I have a lot on my schedule right now but not gonna lie the money would be nice and seems like a fairly easy case


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[deleted472101]

In fellowship I received a letter from a lawyers office for a patient I saw in intership. I called the office and stated I don't have records of this because I was an intern. They immediately understood and I suggested that they contact the attending on the case:

 

[painfree23]

Ok well looks I saw this patient once in my continuity clinic in residency. There's no way I can get in trouble right? It's not a malpractice case rather my patient was involved in an mva with another person prior to even seeing me. Also what's a fair rate to charge them? I really don't feel like doing this I have a lot on my schedule right now but not gonna lie the money would be nice and seems like a fairly easy case


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Great question, anyone??

 

[lobelsteve]

Ok well looks I saw this patient once in my continuity clinic in residency. There's no way I can get in trouble right? It's not a malpractice case rather my patient was involved in an mva with another person prior to even seeing me. Also what's a fair rate to charge them? I really don't feel like doing this I have a lot on my schedule right now but not gonna lie the money would be nice and seems like a fairly easy case


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Resident: No depo for you. Tell atty you were in training and they need to get in touch with your attending. Paying you for this is throwing money away for the atty.

 

[Nonphysiologic]

Yeah so looks like it's the defendant against my patient. Likely they are gonna try to say the condition I was treating for was not related to the mva. So I feel like they are going to try to prove me wrong and say I didn't do a good job. I don't feel like dealing with this despite the money


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[ampaphb]

Tell them your fee is $1,000 for an hour of your time if you want to do it, and 3 grand if you don't

 

[jonnylingo]

I had a lawyer ask me during a video deposition what I was getting paid for this deposition and who was paying for the deposition. Implying that I was taking sides because I was getting paid by my patients attorney.

I replied by asking her what percentage of the award would she get from the total settlement and how she had decided on that number.

She was shocked at my response and had to step out to drink a glass of water. Deposition was over in another 15 minutes.

I don't like to do them so I charge $2500 for any kind of depositions. Have done 4 so far . None in the past 2 years.

This is awesome on so many levels.

 

[drpainfree]

Deposition fee schedule:

$750 hr for audio
$2500 hr for video deposition.


It allows you to buy a nice suit and get a haircut, so if you cannot sound like an intellectual, you can at least look like one.

If you like the way you look (vanity), charge less.

$750/hr for in-person deposition is reasonable.

Can you explain why you'd charge $2500 per hour for video deposition?

Or you just charge it so high they don't want to depose you?

 

[lobelsteve]

Just to avoid doing so.