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Category: Discovery

DEPOSITION OF TREATING DOCTOR WHO REFUSES TO MEET WITH PLAINTIFF ATTORNEY

DEPOSITION OF TREATING DOCTOR WHO REFUSES TO MEET WITH PLAINTIFF ATTORNEY

Some time ago plaintiff lawyers experienced a problem in Washington State when treating doctors  refused to meet with or discuss their patient’s case with plaintiff lawyer. Some insisted they would not meet at all and some would only meet if “their” lawyer was present. It made no difference if the doctor was provided all the legally required medical release documentation. In some cases it was a policy the majority medical malpractice carrier had adopted as a policy for it’s medical…

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PERPETUATION OF TESTIMONY OF A DYING CLIENT

PERPETUATION OF TESTIMONY OF A DYING CLIENT

It is not very often in our normal practice we are called upon to perpetuate the testimony of a client who will likely not survive to trial. In cases of mesothelioma it tragically is the case, but on occasion in a normal tort practice it can be necessary. I advised a friend recently in a case where perpetuation was necessary and here’s what I advised. The approach you use depends almost entirely on the circumstances involving the client and the…

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A SIMPLE ATTORNEY DEPOSITION PREPRATION CHECKLIST

A SIMPLE ATTORNEY DEPOSITION PREPRATION CHECKLIST

We all know how to take depositions, but sometimes  we forget the basics  because we think we don’t have to prepare. Here’s a very simple outline of things to consider before you take a deposition.  It’s a reminder of what we should consider before we depose someone. PRELIMINARY PREPARATION  1. MAKE COPIES  OF THE CIVIL RULE: The Civil Rules relating to deposition discovery have provisions governing conduct and objections that are permissible during a deposition. With some defense counsel it may…

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