1st Edition

The Health Care Provider's Guide to Facing the Malpractice Deposition

By Constance G. Uribe, M.D. Copyright 1999
    160 Pages
    by Routledge

    160 Pages
    by Routledge

    An anesthesiologist chips a patient's tooth during a difficult intubation. A surgeon leaves tiny abrasions on a patient's abdomen during a delicate surgical procedure. And an operating room nurse accidentally nips a patient's finger with a pair of scissors.

    Not all of these examples of medical mistakes will result in malpractice suits. But for the ones that do, health care providers must invariably come to grips with facing the most important step in defending a medical malpractice lawsuit - the deposition phase. Whether or not a malpractice case ends in settlement or at trial, depositions are the most important pieces of evidence because a witness' performance during this phase is literally carved in stone, and facts elicited from depositions often play a major role throughout the remainder of the litigation.

    The Health Care Providers Guide To Facing The Malpractice Deposition can provide anyone in the health care industry with the tools necessary to come out of a malpractice deposition unscathed or with as few bruises as possible. This exhaustive book includes excerpts from actual depositions, and addresses topics such as law and legal thinking, the standard of care, preparing for the deposition, and common forms of interrogation.

    While this text will not protect health care providers from malpractice litigation or prevent pricey settlements and judgments, it can help prevent medical personnel from becoming self-damaging witnesses and their own worst enemies.

    Introduction
    THE LAW AND LEGAL THINKING
    Metamorphosis
    A Historical Analogy
    A Striking Similarity
    The Moral Paradox
    The LMO - Legal Maintenance Organization
    The Garden of Eden
    Through The Looking Glass
    An Analogy Close To Home
    WHAT LAWYERS THINK ABOUT US
    THE STANDARD OF CARE
    A Jury of Our Peers
    To Err Is Human, To Forgive Takes Litigation
    The Common Denominator of Care
    The Butterfly Rule
    The Code of The Sinking Ship
    OUR OWN WORST ENEMY
    The Expert Witness
    The Immunity Dilemma
    Hope for the Future
    The Ten Commandments of Testimony
    WEIGHING THE ALTERNATIVES
    The Dirty Harry Principle
    Blood Money
    Making the Fat Lady Sing
    TELLING THE TRUTH
    The Cherry Tree Rule
    The Human Data Bank
    Relying on Our Memory
    PREPARING FOR THE DEPOSITION
    The Boy Scout Rule
    The Importance of Documentation
    Reviewing the Available Records
    Reviewing the Literature
    The Rehearsal
    Opening Night and the 15% Rule
    MEETING THE INQUISITOR
    The Chanel Rule
    Lights! Camera! Inaction!
    My Place or Yours?
    Body Language
    Listening With the Eyes
    THE INQUISITION
    The Main Objectives
    Establishing Delays
    Turning Debatable Issues Into Facts
    Spreading The Blame
    Common Forms of Interrogation
    In the Beginning
    Begging the Question
    Compound Questions
    Generalized Questions
    Untruths and False Assumptions
    Leading Questions
    Distracting Questions
    Hypothetical Questions
    Repetitive Questions
    Looking At Exhibits
    TRAPS TO AVOID
    The Skunk Principle
    Watch for Contradictory Statements
    Beware of Questions Asking You to Elaborate
    Analyze Compound Questions Carefully
    Resist the Temptation to Correct the Lawyer
    Answer a Question Only If You Understnad It
    Guessing Is Out
    Watch the Use of Adjectives, Adverbs, and Negatives
    Resist Being Limited to "Yes" or "No"
    Keep Your Thoughts to Yourself
    Listen for Accuracy in the Entire Question
    Answer Each Question Only Once
    Prepare for Anything Embarrassing
    Exude the Right Amount of Confidence
    GENERAL ADVICE
    Answer Truthfully
    Maintain A Neutral Attitude
    Listen For Objections
    Just Answer fhe Question
    Listen Carefully to the Question
    Answer Only fhe Question Asked
    Refrain from Memorizing Your Testimony
    Only Give Best Recollection of Facts
    Use Everyday Language
    Admit Lack of Knowledge
    Read and Sign Your Deposition
    AFTERWARD

    Biography

    Constance G. Uribe M.D.

    "Dr. Uribe presents an organized flow of information as she takes the reader on a journey through the legal process, including the depositions, interrogatories, and the actual courtroom. She discusses exhaustively aspects of law, legal thinking, standards of care, and preparation for meeting with legal professionals… In summary, the rules and principles that Dr. Uribe advocates are truly helpful tools… I would definitely recommend this book to all healthcare professionals, including medical and nursing students."
    -Teresa I. Gonzalvo, MPA, RN, CPHQ, CLNC