Depositions


light duty available? How did you know? Why couldn’t you do it? Dates & times missed? Salary or wage rate at that time?


18. Lawyer referrals to the doctor. Initially, you will have to determine whether to object and instruct your client not to answer based on the attorney-client privilege.9


Stutman chiropractic


• Multiple office locations for increased accessibility and ease of patient referral


If you have decided to allow your client


to testify regarding same find out if your client had a regular physician? If he went to the hospital as a result of the collision, did he try to contact the physician referenced in any discharge instructions? Why not? Did the client have health insurance?10 If not, and he needed a doctor who would wait until the end of the case for payment, this could explain the lawyer referral.


19. Transportation. Did you drive yourself from the scene? Go by ambulance? Was the client driven to heath care appointments or did he drive himself?


20. Muscle spasms. If the medical records reference them, make sure the client understands what they are so that he doesn’t mistakenly contradict the records regarding this point.


21. Past medical history. a. Explain that a mistake here could lead jurors to think that the client was trying to hide something.


b. Ever claim a permanent injury to same body parts injured in this case before or after the collision?


c. Ever complain of pain in the same area? If so, are current symptoms any different?


d. Ever hospitalized overnight? e. Prior personal injury cases. Facts. of impact. Injuries. Treatment. treatment.


Severity Length of


f. Prior workers’ compensation claims? Slip and falls?


22. Gym memberships. If your client had one at the time of the collision, did he put it on hold? When, if at all, did he return to the gym? Was the membership put on hold? Has he resumed full activities at the gym?


23. Language usage. Discuss the importance of words. Explain (1) that to a defense attorney (and perhaps to a jury), the words “I feel better” mean 100% better; (2) the difference between “accident,” “collision,” and “crash;” and (3) that “whiplash” has negative connotations.


24. Surgery: Is it recommended? If so, is it scheduled?


9 If so, consider filing a Motion in Limine to preclude counsel from asking about this at trial. 10 Ordinarily, as a collateral course, this would not be admissible at trial unless client opens the door.


Dr. Mark L. StutMan, chiropractor


• Patient evaluation reports available within 48 hours • Flexible reporting capabilities to meet all of your needs • Medical/legal testimony available at no charge • Excellent medical community referral network • Bilingual in all offices (Spanish) and translation assistance available • Attorney injury education videos on our website with live human crash tests! • New patients always accepted


FIVE CONVENIENT LOCATIONS


EAST BALTIMORE: Broadway Back & Pain Clinic | 239 S. Broadway Ph: 410-522-7746 (SPINE)


MID-TOWN BALTIMORE: Charles Street Back & Pain Clinic 1120 N. Charles Street | Suite 301 | Ph: 410-522-7746 (SPINE)


LAUREL: Laurel Back & Pain Clinic | 3450 Laurel Fort Meade Road (Rt. 198), Suite 100 Ph: 240-295-7746 (SPINE)


OWINGS MILLS: Owings Mills Back & Pain Clinic | 1020 Reisterstown Rd. | Ph: 410-363-4333


TAKOMA PARK: Langley Park Back & Pain Clinic | 7505 New Hampshire Ave., Suite 300 Ph: 301-431-2225 (BACK) | Fax: 301-431-4764


1-877-895-2225 (BACK) www.stutmanchiropractic.com | Se habla español


Does your client intend to have it? If it’s taken place, was it helpful? Painful? Describe the rehabilitation process.


25. Prepare the client to respond to questions about what “before and after” witnesses listed in answers to interrogatories or witness lists will testify to. Prepare to object if these questions ask your client to be a mind reader.


26. Potential Problems. Criminal Record. Bad driving record. Past or later injuries.


Defending the Deposition


1. Diagrams. Don’t allow the client to draw them if he hasn’t practiced doing so and you have not become convinced that he can do so accurately. (Caveat: Keep in mind that if you take this position at deposition, the judge may not, over objection, allow your client to draw a diagram at trial.) Do allow your client to comment on the accuracy of a diagram drawn by defense counsel.


2. Don’t tolerate opposing counsel’s bad behavior. It bears repeating: your client needs to know that you have his back.


Trial Reporter / Winter 2011 21


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