Having a stack of deposition or trial transcripts can be a huge aid when it comes to cross-examining doctors hired by the defense. But what if those documents do not exist?
“If you have a doctor who has never testified before or never been deposed before and there are no transcripts, there are still good techniques you can use in cross examination,” said Norberto A. Garcia, Esq., who will lecture at the virtual EDDM 21 Exposing Deceptive Defense Medicine seminar on Tuesday, May 11, 2021.
Garcia will speak on Beyond the Old Transcripts: Alternative Sources of Cross Examination Materials.
“There are cases where you have a defense doctor who either is new or has not testified before, so you don’t have transcripts and likely not many reports as well,” he said.
“One of the things I’m going to explain is how to look back in their history and see if they have been involved in cases in a capacity other than as an expert,” Garcia said. “Maybe they have been a defendant in a malpractice case, and you can glean information from those records or from the attorneys who were involved.”
Another tactic Garcia plans to speak about is using a doctor’s curriculum vitae. “Doctors routinely put the medical associations or organizations they are members of or may be officers of in their CV because they want people to see it and be impressed,” he said.
“All of those organizations have publications of one form or another and often you can find an article or publication that relates to the issue in your case and may argue against what the doctor is saying in deposition or testimony,” Garcia said. “Then you can press the doctor on how he’s a member or officer of an organization that he disagrees with.”
The EDDDM 21 Exposing Deceptive Defense Medicine seminar will take place from 9:00 am to 3:00 pm and include presentations by nationally known attorneys, Mark A. Kosieradzki, Esq., Zoe B. Littlepage, Esq., Patrick A. Malone, Esq. and Keith R. Mitnik, Esq.
Registrants will receive materials containing more than 1,700 transcripts of DME depositions, over 1,800 redacted reports of 600 defense experts and video depositions of 58 defense expert doctors.
Register online for this spectacular event that takes only place once every two years.