Have you done plaintiff’s deposition when not all medical records are in?

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Yes. Not ideal but sometimes the stuff you’re missing isn’t that important. Something specific you want to ask?

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Bad idea

Yea. Sometimes you have no choice. Be collegial with opposing counsel and see if you can stip to a part 2 limiting the deposition to what was missing

Unfortunately my boss has because opposing counsel refused to postpone. I have gotten records before in the middle of a deposition and in the middle of a mediation before.

In a perfect world yeah, you’d like to have all the records. However, unless there is an admission that’s beneficial to the defense, the medical records really offer no benefit to a Plaintiff’s deposition because they can just hide behind “I don’t recall/remember”. Plus, the significance of anything in the medical records will require an expert opinion. Not to mention PC will object on grounds that any response would call for an expert opinion.

Further, if you find something juicy in the records, I’d save it for trial or dispositive motion or maybe share it with the Mediator. Don’t give them a chance to craft a response.

Three decades. You do not need the discovery if you know how to take a dep well. No aspersion. If still learning, get all discovery.

If know what you’re doing, you can figure it out.

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