Preparing for and Deposing the Adverse Medical Expert
This paper will focus on the question of how to best conduct the deposition of the opponent’s retained medical expert. As we all know, there is no one way to cross-examine an opponent’s expert. There is no single formula that, whenever employed, consistently causes adverse experts to buckle and admit they are frauds. Therefore, our goal in this paper is simply to present a number of ideas that have proven successful with some of the experts some of the time.
It is our intent that this paper be a brief, very informal, discussion of some of the strategies plaintiff’s lawyers can use to depose defense medical expert witnesses. It is not meant to be a comprehensive discussion of Robinson, Texas Rule of Evidence 702, or Texas Rules of Civil Procedure 194 and 195. Rather, this paper is meant to be a general overview of some strategies and techniques that have worked well in the past for our firm’s lawyers.
The majority of the discussion is written from the perspective of the plaintiff’s lawyer deposing the defense medical expert witness. Most of the concepts and issues addressed, however, are also applicable to the defense’s examination of the plaintiff’s medical experts.
TABLE OF CONTENTS
II. NO-LEGALESE DISCLAIMER
IV. THE LAW
VII. WHAT QUESTIONS TO ASK
APPENDIX A PREPARATION OUTLINE
APPENDIX B SAMPLE DEPOSITION NOTICE WITH SUBPOENA DUCES TECUM
APPENDIX C DEPOSITION OUTLINE
Dan Christensen has been practicing law since 1994. He started his career working in military courts, notorious for their strict adherence to rules and procedures. He has been involved in almost 200 trials during his career in numerous federal and state courts against the largest defendants, including the U.S. Government.
Any case involving medical evidence may require you to depose an adverse medical expert. This is true of many personal injury and auto accident cases, but some case types are more likely to necessitate this type of deposition than others, including: