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Actual - Medical Malpractice - How to Become a Black Belt when Questioning a Doctor
Learn how to be a black belt attorney when questioning a doctor at their deposition.
1. Never give advance warning of what you intend to ask.
A black belt is confident of their abilities. They don't need to show off. They don't need to put on a show. They certai
1. Never give advance warning of what you intend to ask.
A black belt is confident of their abilities. They don't need to show off. They don't need to put on a show. They certai
According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
nly don't need to impress the doctor with their legal prowess. When questioning a doctor at a deposition, I always advocate asking the key questions in the case AT THE VERY BEGINNING of the questioning.
Most physicians are not anticipating that the key issues will be di
Most physicians are not anticipating that the key issues will be di
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
scussed at the beginning. Most defense attorneys will prepare their doctor-client for the typical credentials checklist..."Where did you go to medical school, where did you do your residency, are you board certified, etc." By going directly to the heart of the case early
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
on in the deposition, you might stand a slight advantage and get an unexpected answer you would not have obtained had you started with the standard questions.
2. Question the doctor as if you are cross-examining him at trial.
I advocate using leading questions
2. Question the doctor as if you are cross-examining him at trial.
I advocate using leading questions
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
at a deposition. Why not? It's good practice for trial, and it doesn't give the doctor much wiggle room when answering a question. Obviously there are times when I need a descriptive answer, and have no problem asking the "Why?" question during a doctor's deposition. The
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
e are also times when I want a doctor to talk at length about why he rendered a particular treatment, or what was the standard of care for treating a particular condition.
In New York, lawyers are no longer permitted to obstruct depositions by continually objecting to q
In New York, lawyers are no longer permitted to obstruct depositions by continually objecting to q
ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
uestions. Virtually every question asked must be answered, even though the defense attorney raises an objection. The only time a question does not have to be answered is when it is "palpably improper" or addresses something that is inherently privileged material..."What
easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
did you talk to your lawyer about before the deposition?"
3. Be respectful.
A black belt is always respectful to an adversary and to their colleagues. This is not a sign of weakness. Just the opposite. It is a sign of strength. Being hostile and argumentative wi
3. Be respectful.
A black belt is always respectful to an adversary and to their colleagues. This is not a sign of weakness. Just the opposite. It is a sign of strength. Being hostile and argumentative wi
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
th a doctor at their deposition, in my opinion, is not productive. If you are attempting to 'push the doctor's buttons' by being hostile, your intention may be worthy, but the method you are using is self-defeating, and not appropriate.
Everyone in the conference room k
Everyone in the conference room k
and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
nows what role they play. The doctor looks at you as the 'bad guy'. The defense attorney looks at you as an adversary. You look at the doctor as the culprit who caused your clients' horrific injuries. I advocate putting all this aside. Be respectful, and give the doctor
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
he respect he deserves. Then, with your exacting questions, tear him apart step by step- and do it with a smile on your face.
"Please define erbs palsy. Please describe how a baby can get erbs palsy. Is there any other way to get erbs palsy except by putting excessive l
"Please define erbs palsy. Please describe how a baby can get erbs palsy. Is there any other way to get erbs palsy except by putting excessive l
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
ateral traction on the baby's head? Would you agree that putting excessive lateral traction on the baby's head would be a departure from good medical care?"
Remember, each question is a building block for the next one. Build up your case with carefully crafted questions
Remember, each question is a building block for the next one. Build up your case with carefully crafted questions
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
that establish the standard of care, then show through the doctor's own records, that those standards were not followed.
4. Understand your limitations
A good medical malpractice lawyer knows what he knows and also knows what he does not know. (Some call this M
4. Understand your limitations
A good medical malpractice lawyer knows what he knows and also knows what he does not know. (Some call this M
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
urphy's law). The doctor has spent years studying medicine. Expect that they will have a greater breadth of the key issues in the case than you. Accordingly, you must prepare extensively. Get out those medical textbooks. Search those medical journals. Re-review the hospi
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
tal records. Call your medical expert and discuss the case. Have your expert teach you the medicine.
By the time you are ready to question the defendant doctor in your case, you should have an excellent understanding of the medicine and be able to discuss the medical is
By the time you are ready to question the defendant doctor in your case, you should have an excellent understanding of the medicine and be able to discuss the medical is
t?
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
ues with ease. If you can't, you should spend more time studying. You have to become an expert on this limited area of medicine involved in your case. That is the only way you can properly and adequately take the doctor, head on, in a battle of questions and answers.
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
>5. Do not expect the defendant doctor to scream "OK, I give up!" during the deposition
Unlike sparring in the ring (known as kumite), the doctor will often be defensive and at times may verbally attack either you or your knowledge of the medicine. When sparring in
Unlike sparring in the ring (known as kumite), the doctor will often be defensive and at times may verbally attack either you or your knowledge of the medicine. When sparring in
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
martial arts, a black belt looks to score points by hitting key vital areas of the body. An attorney who seeks to be a figurative black belt at questioning a doctor also seeks to hit key issues in the case- and looks to score those vital points as well.
However, I advoc
However, I advoc
.
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
ate that when you get a key answer that is favorable to you, simply move on to another question. Do not thrust your hand in the air and yell, "Yes!" Do not smile that 'all-knowing' smile like you're better than everyone else in the room. Do not throw that figurative foot
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
ball in a hoop-roaring dance in the end zone. Instead, just move on to the next question and go after the next issue in your case.
CONCLUSION
Following these ideas will lead you on your quest to become a 'black belt' when questioning a doctor at their deposition
CONCLUSION
Following these ideas will lead you on your quest to become a 'black belt' when questioning a doctor at their deposition
tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products
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