Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,ABCs of Deposing the Adverse Expert,Ritchie E.Berger,Esq.,Gregory Weimer,Esq.,Eileen Blackwood,Esq.,The“Discovery Deposition,“Let the adverse expert talk,or,Q.In fact,many people think that would be a,breach of the standard of care to do a,therapeutic or an elective procedure in that setting,right?,A.You know,Im not big on breach of,standard of care concept.,Q.Okay.,A.Again,it has varied over the 16,17 years that,Ive been there,but at this point probably 10 to 15,percent at most is research.,Q.And how long has that been the approximate,percentage?,A.Oh,its probably been that way for the last,three to four years.Prior to that I looked at my job,description being closer to 60 to 70 percent,clinical research.,Q.Why the change,out of curiosity?,A.Only two motivators of human behavior,sex and money.And there wasnt sex involved,in this;it was solely money.,Q.Housekeeping,Exhibit 11 is your letter to Mr.,Smith containing your invoice for the work youve,done in the case as of that date.,A.It is.,Q.And the$500 per hour you were charging Mr.,Smith for that work,how long have you been charging,that rate for medical legal reviews?,A.Ten years or so.,Q.And for this deposition I understood that initially,you wanted$750 per hour;is that right?,A.Yep.,Q.And when did you create that rate?,A.Oh,a few years ago when I was told by one of the,lawyers I was working with that one and a half times,your standard fee was a fairly standard price to charge,for this sort of thing.And I got paid for it then so I,thought Id try for it this time.,Q.,Youre dealing with a frugal Vermonter.,A.,Hey,this is capitalism at work here.,Attacking/Challenging The,Adverse Expert,Q.All right,so let me just get this straight.Youre,saying for any patient post-angioplasty with a right,brachial artery cut-down site,who has a small,hematoma without bleeding,has to have a prescription,for oral antibiotics on discharge.,MR.JONES:Objection.,A.No.,BY MR.BERGER:,Q.Where did I go wrong?,A.Well,you described pretty much the usual,situation,you know,post-angioplasty with a,small-he used the world small-hematoma.,I dont think that would qualify,but in a patient who,had a larger hematoma and lot of dissection,47,minutes of,you know,catheterization time,difficult,dissection,I think that comes to surface here that it,was a difficult dissection,mobilizing,isolating the,patients brachial artery,indicating a lot of potential,tissue damage.Thats the setting in which infections,flourish,and thats the setting that demands a little,extra care.,Q.Doctor,you would agree with me that was one of the more ridiculous opinions youve ever offered under oath.,MR.JONES:Objection!,A.No.,BY MR.BERGER:,Q.How large was this hematoma that it,necessitated an antibiotic?,A.Ridiculous?Ridiculous opinion?(witness rising),Q.Thats right,Doctor.,A.I take offense at that.,Q.You probably should.,THE WITNESS:Let me calm down,otherwise well,have him in,the hospital.,BY MR.BERGER:,Q.How large was the hematoma such that it,necessitated a prescription of antibiotic?,A.Oh,a few centimeters.,Q.,Was it a small hematoma?,A.No,it was a large,record described it as large.,Q.Does the record describe it as large?,A.I dont know,maybe.,Q.Doctor,did you read this record before testifying today?,A.Yes,I did.,Q.Dr.Johns,Ph.D.,M.D.,what do you know,about her?,A.It has been asked and answered.I know nothing,about her.,Q.Do you know that she is a womens health,specialist with a focus on oncology?,A.So am I.,Q.Did you know that?I asked you a question.,A.I told you I know nothing about her.Why do,you keep asking the same question?I dont know who,she is.I never heard of her.Congratulations on who,she is.,Q.Doctor,there is no need to be flip here.If you are,going to answer the questions,A.You dont need to keep asking the same,questions twice and three times,.,Q.When I get the answers to the questions,I will,cease asking them.,A.I will continue to answer this way.What are you,going to do about it?,Q.I will move to exclude your testimony for being,A.Fine.I just told you,go ahead and exclude my,testimony.Ive got other things to do.,Q.Did Dr.Johns also recommend that this patient,have a laparoscopy?,A.I dont know.,Q.Well,why dont you know?You are the,so-called expert.,A.Because I was only given so much information.,If you read what I sent to the attorney,I said I may,change my opinion with additional information.I am,merely relating to you what Im aware of.And do you,think I like sitting here and being put in a position,where half the records were not made available to,me?And the answer to that is,of course not.,Q.Do you think Dr.Defendant likes being sued and,having somebody offer opinions against her without,having the records before him?,A.And what am I supposed to do if Im not,given the records?,Q.Well,if it was you being sued,by God,you would,hope the so-called expert had everything,A.First of all,do not e