The Health Care Provider's Guide to Facing the Malpractice Deposition: 1st Edition (Paperback) book cover

The Health Care Provider's Guide to Facing the Malpractice Deposition

1st Edition

By Constance G. Uribe, M.D.

CRC Press

160 pages

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Description

An anesthesiologist chips a patient's tooth during a difficult intubation. A surgeon leaves tiny abrasions on a patient's abdomen during a delicate surgical procedure. And an operating room nurse accidentally nips a patient's finger with a pair of scissors.

Not all of these examples of medical mistakes will result in malpractice suits. But for the ones that do, health care providers must invariably come to grips with facing the most important step in defending a medical malpractice lawsuit - the deposition phase. Whether or not a malpractice case ends in settlement or at trial, depositions are the most important pieces of evidence because a witness' performance during this phase is literally carved in stone, and facts elicited from depositions often play a major role throughout the remainder of the litigation.

The Health Care Providers Guide To Facing The Malpractice Deposition can provide anyone in the health care industry with the tools necessary to come out of a malpractice deposition unscathed or with as few bruises as possible. This exhaustive book includes excerpts from actual depositions, and addresses topics such as law and legal thinking, the standard of care, preparing for the deposition, and common forms of interrogation.

While this text will not protect health care providers from malpractice litigation or prevent pricey settlements and judgments, it can help prevent medical personnel from becoming self-damaging witnesses and their own worst enemies.

Reviews

"Dr. Uribe presents an organized flow of information as she takes the reader on a journey through the legal process, including the depositions, interrogatories, and the actual courtroom. She discusses exhaustively aspects of law, legal thinking, standards of care, and preparation for meeting with legal professionals… In summary, the rules and principles that Dr. Uribe advocates are truly helpful tools… I would definitely recommend this book to all healthcare professionals, including medical and nursing students."

-Teresa I. Gonzalvo, MPA, RN, CPHQ, CLNC

Table of Contents

Introduction

THE LAW AND LEGAL THINKING

Metamorphosis

A Historical Analogy

A Striking Similarity

The Moral Paradox

The LMO - Legal Maintenance Organization

The Garden of Eden

Through The Looking Glass

An Analogy Close To Home

WHAT LAWYERS THINK ABOUT US

THE STANDARD OF CARE

A Jury of Our Peers

To Err Is Human, To Forgive Takes Litigation

The Common Denominator of Care

The Butterfly Rule

The Code of The Sinking Ship

OUR OWN WORST ENEMY

The Expert Witness

The Immunity Dilemma

Hope for the Future

The Ten Commandments of Testimony

WEIGHING THE ALTERNATIVES

The Dirty Harry Principle

Blood Money

Making the Fat Lady Sing

TELLING THE TRUTH

The Cherry Tree Rule

The Human Data Bank

Relying on Our Memory

PREPARING FOR THE DEPOSITION

The Boy Scout Rule

The Importance of Documentation

Reviewing the Available Records

Reviewing the Literature

The Rehearsal

Opening Night and the 15% Rule

MEETING THE INQUISITOR

The Chanel Rule

Lights! Camera! Inaction!

My Place or Yours?

Body Language

Listening With the Eyes

THE INQUISITION

The Main Objectives

Establishing Delays

Turning Debatable Issues Into Facts

Spreading The Blame

Common Forms of Interrogation

In the Beginning

Begging the Question

Compound Questions

Generalized Questions

Untruths and False Assumptions

Leading Questions

Distracting Questions

Hypothetical Questions

Repetitive Questions

Looking At Exhibits

TRAPS TO AVOID

The Skunk Principle

Watch for Contradictory Statements

Beware of Questions Asking You to Elaborate

Analyze Compound Questions Carefully

Resist the Temptation to Correct the Lawyer

Answer a Question Only If You Understnad It

Guessing Is Out

Watch the Use of Adjectives, Adverbs, and Negatives

Resist Being Limited to "Yes" or "No"

Keep Your Thoughts to Yourself

Listen for Accuracy in the Entire Question

Answer Each Question Only Once

Prepare for Anything Embarrassing

Exude the Right Amount of Confidence

GENERAL ADVICE

Answer Truthfully

Maintain A Neutral Attitude

Listen For Objections

Just Answer fhe Question

Listen Carefully to the Question

Answer Only fhe Question Asked

Refrain from Memorizing Your Testimony

Only Give Best Recollection of Facts

Use Everyday Language

Admit Lack of Knowledge

Read and Sign Your Deposition

AFTERWARD

Subject Categories

BISAC Subject Codes/Headings:
LAW026000
LAW / Criminal Law / General
LAW093000
LAW / Medical Law & Legislation