Direct-Examination of Treat Doctoring in Personal Injury Lawsuit

Below is a comprehensive outline for the direct examination of a treating physician in a case that our lawyers tried. This guide includes detailed questions that cover the physician’s qualifications and involvement in the specific case, as well as a thorough examination of the patient’s medical history, treatments, and prognosis.

We have created this resource to assist lawyers and law students taking trial advocacy or litigation process in preparing for depositions and courtroom examinations. This particular case actually went to binding arbitration, where the doctor testified as to the extent and scope of the plaintiff’s injuries.

• Outline of Plaintiff’s Direct Examination
• Outline of Plaintiff’s Spouse: often, the spouse is a more important pain and suffering witness
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Qualifications

Educational Background

1. Can you please state your full name and professional title for the record?
2. Dr. Harrison, can you provide a brief background of your educational experience?
3. Where did you attend medical school?
4. Can you tell us about your residency and fellowship training?
5. What areas of medicine did you specialize in during your training?

Work Experience

6. How long have you been practicing as an orthopedic surgeon?
7. Can you describe your current role and responsibilities at Baltimore General Hospital?
8. Have you had any leadership roles or special appointments in your field?
9. What types of injuries and conditions do you most commonly treat in your practice?
10. Do you have experience with knee injuries specifically?

This Particular Case

Records Reviewed

11. Dr. Harrison, what records did you review in this case involving Mr. Vanderbilt?
12. Did you have access to all relevant medical reports and imaging studies?
13. Did you conduct a physical examination of Mr. Vanderbilt?

Job and Physical Demands

14. Did you discuss with Mr. Vanderbilt his job and what it entails?
15. Are you aware of what he does for a living?
16. Can you describe the physical demands of Mr. Vanderbilt’s job?
17. How do these physical demands relate to his injury and recovery?

ER Records from Baltimore-Washington Hospital as of 3/10/23

Emergency Room Presentation

18. How did Mr. Vanderbilt present when he arrived at the emergency room on March 10, 2023?
19. What did the doctors in the ER do for him?

Pain Management and Diagnostics

20. What type of pain medications was he given in the ER?
21. What did the X-rays reveal about his condition?

Diagnosis and Discharge

22. What was Mr. Vanderbilt’s initial diagnosis in the ER?
23. What were the discharge instructions given to him?
24. Did he need any type of device to assist with weight-bearing?
25. Was an ACL tear diagnosed at this point?

Dr. Herron

Objective Findings and Diagnosis

26. What were the objective findings noted by Dr. Herron?
27. What diagnosis did Dr. Herron provide?

Compartment Syndrome

28. Can you explain what compartment syndrome is?
29. What were Dr. Herron’s recommendations for Mr. Vanderbilt’s treatment?
30. Why was it important at that time to maintain motion in Mr. Vanderbilt’s feet and ankles?

April 2023 Surgery

Presentation and Condition

31. Directing your attention to the note from April 2, 2023, how did Mr. Vanderbilt present to his healthcare providers?

Septic Arthritis and Surgery

32. What is septic arthritis?
33. What type of surgery did Mr. Vanderbilt have in April?
34. Can you describe the surgery performed?

Post-Surgery Condition

35. How was Mr. Vanderbilt doing immediately after the surgery?
36. How was he doing six weeks after the surgery, on May 14, 2023?
37. What were the doctors’ recommendations at that time?

June 2023 Arthroscopic Surgery

Recommendations and Procedure

38. On June 4, 2023, what were the doctors’ recommendations?
39. Can you describe the arthroscopic procedure performed on Mr. Vanderbilt?
40. Was the procedure done under general or local anesthesia?

Pain Pump

41. What is a pain pump?
42. What is the purpose of a pain pump?
43. Did Mr. Vanderbilt have any problems with his pain pump?
44. After the two surgeries, how was Mr. Vanderbilt doing on June 18, 2023?

Dr. Silberstein

Findings and Diagnosis

45. In July 2023, Mr. Vanderbilt visited Dr. Silberstein at JHH. What were Dr. Silberstein’s findings?
46. How was Mr. Vanderbilt getting around at that time?
47. What diagnosis did Dr. Silberstein provide?
48. What were Dr. Silberstein’s recommendations?

Referrals and Tests

49. Did Dr. Silberstein refer Mr. Vanderbilt to any other doctor?
50. What were Dr. Cosgera’s findings?
51. Did Mr. Vanderbilt undergo any other diagnostic tests?
52. What did his MRI reveal?
53. Did he have a nerve conduction study?
54. What were the results of that study?

Health South Rehab

Physical Therapy Evaluation

55. During his first physical therapy evaluation at Health South, what were Mr. Vanderbilt’s complaints?
56. How long did his therapy last?
57. What did his therapy involve?
58. How many visits did he have?

Pain Management and Complaints

59. Is there any indication in the records whether Mr. Vanderbilt needed to take medication to tolerate physical therapy?
60. What were his complaints at the end of his physical therapy?

Dynasplint

61. What is a Dynasplint?
62. How long was Mr. Vanderbilt required to use the Dynasplint?

Medical Bills

63. I have here Exhibit #1, which includes Mr. Vanderbilt’s medical bills totaling $75,418.83. Are all of these bills fair, reasonable, necessary, and causally related to the accident of March 10, 2023?

Wage Claim

Return to Work

64. Do you know when Mr. Vanderbilt was released to return to work?
65. In your opinion, was his time off from work reasonable and related to the accident?

Dr. Johnson’s IME

Initial Meeting and History

66. When did you first meet Mr. Vanderbilt?
67. Did you take a history from him?
68. What was your understanding of his job requirements?

Physical Examination

69. Did you conduct a physical examination?
70. What did your physical examination reveal?
71. Which of those findings are objective injuries?

Summary of Injuries and Prognosis

72. Can you summarize Mr. Vanderbilt’s injuries and his current condition?
73. Is this condition likely to get better or worse over time?

Pain and Limitations

74. Would the type of injuries Mr. Vanderbilt suffered cause a person significant pain?
75. Describe for the court the limitations Mr. Vanderbilt now has with respect to lifting heavy objects.
76. Describe for the court the limitations Mr. Vanderbilt now has with respect to kneeling.
77. Do his injuries affect his ability to squat and bend at the knees?
78. Do his injuries affect his general endurance?