{ "media_type": "text", "post_content": "Defending my first Medical Expert deposition. I’ve done hundreds of regular depositions, but this is my first expert. Any tips / advise would be really appreciated. Thank you!!", "post_id": "5fa5ec36e89cbe0023f1d52a", "reply_count": 6, "vote_count": 4, "bowl_id": "5dba147dd2d8ac00223b11d9", "bowl_name": "Litigation & Arbitration" }

Defending my first Medical Expert deposition. I’ve done hundreds of regular depositions, but this is my first expert. Any tips / advise would be really appreciated. Thank you!!

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Work with them beforehand to make sure they know the claims and defenses of your case. Otherwise, if they are indeed an expert, then they should know what to say and what not to say.

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They generally know what to do, and there's very little to object to

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If opposing counsel has the same type of expert, make sure your expert has reviewed their report, reliance materials, testimony. If the expert issued a report, make sure they know it. And double check whether there may be additional information that has come out since that may effect their opinions (and go over that information with them).

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Definitely talk to them beforehand. Never go into a dep blind.

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1. If you can, do a dry run or at a minimum spend 30 minutes on the phone with the doctor the day before just to get a good preview of what they’re going to say. 2. Watch out for questions that call for the doctor to speculate.

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Good advice here but, in contrast to interaction with a lay witness, this one is highly trained and knows far more what they are doing than you. Presenting a medical expert ought to be a fairly low-exposure assignment. Most medical experts — by far — are more like wind-up toys than anything: They already know what they are going to say and how. Not to say that you will not rightly be held accountable for the expert’s testimony. You will. But, you do not want to make the “rookie” mistake of over-preparing the expert. The expert may well not appreciate it much. YOU need to make sure you are straight about all of the records and stuff the expert has reviewed and that he has them and has reviewed them. YOU need to have a pretty good grasp on what the expert will say. Then ask, even a bit humbly. Think of yourself more like a movie director with a huge movie star or lion tamer. You need them to get to a certain place, but you need to tiptoe around them a bit to make sure you do not put them off. He/she is a doctor. Very likely they will not appreciate you trodding in artfully on their turf but they will get it (and dig you) if YOU are on top of all of YOUR stuff and humble to them.

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