Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Preparing a Medical Witness for Deposition and Trial: A Different Approach
For the last 20 years, the standard of practice for preparing a medical witness in a medical negligence matter was to prepare the witness the day of or the day before the deposition, for one hour or two — and then move directly into the deposition. We don't know whether it was a focus on the costs of preparation or the belief that physicians and health care providers in general, because of the nature of the training and the use of the Socratic Method, meant that they were more a natural witness. It could have even been the thought that the witness, a doctor, was too busy to spend time preparing for something as trivial as a negligence lawsuit. Or, perhaps, the witness was being unavailable to counsel because the doctor did not want to face the issue.
Whatever the reason, the de-facto preparation period — one hour before the deposition — became the norm. Health care providers were essentially treated like any other party in any other personal injury matter, and witness preparation in brain-damaged infant matters was treated the same as a rear-end hit with soft tissue injuries. Obviously, in those situations where it was known that the witness would likely be a poor one, additional preparation was arranged, often with a professional witness preparation specialist; but even then, the typical practice was for the consultant to have a single meeting with the witness. And the typical attorney practice was to have one brief preparation period before or on the day of the deposition.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.