Issue 6 - May 2004

Ask the Attorney by Deborah A. Green, Esq
Testifying? Try these tips

My patient was injured in an automobile accident. The defendant’s insurance company will soon be taking my deposition and I will have to testify at trial. I have never done this before and I am very nervous.
Any suggestions?

All lawyers have their own ways of doing things but here are some guidelines I provide my clients:

• Know your file. Be prepared to discuss your patient’s symptoms and diagnosis and how you arrived at the impairment rating.

• Do not bring your notes. Most jurisdictions permit the other side’s attorney to look at anything that you have brought into the examination or court room with you.

• Talk in lay terms. You will not be talking to doctors. Avoid terms such as subluxation; use "pinched nerve" instead. A jury that doesn’t understand you will stop paying attention to you.

• Make your explanation come alive. Use props. Show the jury what a subluxation looks like and why it causes pain.

• Educate your patient’s lawyer. Do not assume he fully understands the injury.

• Review all other doctors’ opinions. Pay particular attention to those of independent medical examiners (IMEs). Generally, an IME spends only a few moments with the patient or just reviews documents. Allude to that if you are asked to explain why your opinion differs with that of the IME.

• First impressions count. When meeting either your patient’s attorney or defense counsel for the first time dress appropriately (jacket and tie for men; skirt suit or pantsuit for women). If the deposition is being conducted in your office, make sure the office is neat with no files lying about.

• Do not anticipate questions. Only answer the question that is asked. Do not provide explanations for questions that haven’t been asked. If your patient’s attorney says “objection,” stop talking. Wait for the lawyers to hash it out.

• If you don’t understand a question, say so. Ask the attorney to rephrase it until you do understand it. If you don’t know an answer, say so. If you have forgotten the answer to a question, say so. Never guess what the attorney means or what the answer should be.

• Answer truthfully. If you are asked if you are being paid for your testimony, answer that you are being paid for your time to attend the deposition or trial. You are not expected to work for free.

• Know your patient’s history. Find out if he has been involved in other accidents or has had other medical issues. Tell the patient’s attorney about these issues (but obtain the patient’s approval to divulge this information to his attorney). u

Deborah A. Green, Esq., is a practicing attorney in New York and Florida. She can be reached at The Green Law Firm, PL, at 954-971-7778 or by e-mail at healthattorney@aol.com.

LEGAL DISCLAIMER: This column is provided for educational purposes only. The accuracy or timeliness of the information presented herein is not warranted. The information presented is not intended to be advice as to a specific fact pattern with which you may be presented. Accordingly, please note that the information contained herein is not being presented as legal advice with respect to any matter and that no attorney-client relationship is established.