The Logistics of Deposing a Treating Physician

Deposing a treating physician comes with its unique logistical issues.  Next time you set a treater for deposition, ask yourself the following:

1) What does she charge?

2) Does she expect prepayment?

3) Is the fee reasonable? If not, do I want to address it with the court?

4) How much time should I reserve for the deposition?

5) Who is going to pay for her time? Am I going to incur the whole cost? Will it be shared with opposing counsel?  If so, how? 

6) Do I have the physician's complete file?

7) Do I have her C.V.?

8) Is the deposition at her office? Is her office large enough to accommodate everyone?

9) Will she have access to her complete file? If not, how can she secure it before her deposition?

10) Are there any time constraints (due to patients or other obligations)?

11) What is her deposition cancellation policy?

12) Is there any paperwork she expects me to sign before the deposition?

13) Are there any hidden costs? (excessive copying costs for the file? travel fee?)

Read more on Frank Ramos' blog, Tips for Young Lawyers. Francisco "Frank" Ramos, Jr. is the administrative partner at Clarke Silverglate in Miami, Florida, where he practices in the areas of products liability, employment, commercial litigation, medical malpractice, class actions and general liability.

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