The Health Care Provider's Guide to Facing the Malpractice Deposition / Edition 1

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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.

The book contains no figures.

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Editorial Reviews

A general surgeon in private practice, Uribe explains how physicians can avoid being their own worst enemy at the initial deposition that may lead to malpractice litigation. She includes excerpts from actual depositions, and addresses such topics as law and legal thinking, the standards of care, body language, preparing for the deposition, and common forms of interrogation. For quick reference, she concludes with a list of ten sure ways to ensure total disaster. Annotation c. Book News, Inc., Portland, OR (
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Product Details

  • ISBN-13: 9780849320590
  • Publisher: Taylor & Francis
  • Publication date: 11/22/1999
  • Edition number: 1
  • Pages: 160
  • Product dimensions: 5.90 (w) x 8.80 (h) x 0.50 (d)

Table of Contents

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
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
The Expert Witness
The Immunity Dilemma
Hope for the Future
The Ten Commandments of Testimony
The Dirty Harry Principle
Blood Money
Making the Fat Lady Sing
The Cherry Tree Rule
The Human Data Bank
Relying on Our Memory
The Boy Scout Rule
The Importance of Documentation
Reviewing the Available Records
Reviewing the Literature
The Rehearsal
Opening Night and the 15% Rule
The Chanel Rule
Lights! Camera! Inaction!
My Place or Yours?
Body Language
Listening With the Eyes
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
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
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

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  • Anonymous

    Posted December 18, 2000

    Interesting to both the medical and legal professions

    This book contains information that is of interest to a wide variety of professional people as well as to the layman that is interested in the workings of malpractice.

    Was this review helpful? Yes  No   Report this review
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