ABCs of Deposing the Adverse Expert处理不良专家ABCs.ppt

ABCs of Deposing the Adverse Expert Ritchie E. Berger, Esq. Gregory Weimer, Esq. Eileen Blackwood, Esq. The “Discovery Deposition” 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