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Conference
How To Be An Effective Medical Witness                           Schedule
Sea Crest Oceanfront Resort                                                                  Faculty
Falmouth, Massachusetts                                                                        Registration Info
August 14-15, 2004                                                                                  Registration Form

Executive Summary                                              PDF version of entire brochure
                                                                                                     SEAK's Expert Witness Directory

This is a practical, hands-on, interactive course. Physicians will learn the skills, information and techniques they need to be effective, ethical and successful expert medical witnesses. The course is taught by three methods: lecture, demonstrations, and questions and answers. This is a practical program which emphasizes physician participation in mock trial and deposition testimony. The curriculum emphasizes practical problems that develop when physicians are called upon to act as expert witnesses in an unfamiliar legal system. It is designed for any physician who may be called as an expert witness in a personal injury or malpractice case.


Learning Objectives

Why Should I attend?  You will:

*Obtain the knowledge and skills you need to be an effective expert witness
*Learn how lawyers think and act when dealing with expert medical witnesses
*Learn the key practice management aspects of a medical-legal practice
*Discover how to be fairly compensated and promptly paid for your time
*Understand how to avoid being taken advantage of by lawyers and the legal system
*Learn to avoid common mistakes

Following this course you should be able to:

*Be more effective and confident during direct examination, cross-examination and depositions
*Avoid being abused by lawyers and the legal system
*Command a premium fee and be promptly paid for your services
*Negotiate being engaged as an expert witness
*Prepare for depositions, hearings, and trials
*Properly use key medical-legal terms
*Understand how the civil litigation process works on a day-to-day basis

Don't take our word for it, here's what past attendees had to say about our program:

"Excellent, unique."

"Fascinating and enjoyable...an excellent learning opportunity."

"I greatly enjoyed both the formal and informal parts of the meeting, and have returned home full of good resolutions and a sense of empowerment."

"Informative and practical."

 "Very well done."

"Outstanding, enjoyable. I will highly recommend it."

"Good play acting/role playing by instructor"

"Excellent preparation for being a witness"

"Superb"

 

Faculty:

Steven Babitsky, Esquire, is the President of SEAK, Inc.  He was a plaintiff's personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman.  Mr. Babitsky is the co-author of the texts Writing and Defending Your Independent Medical Examination Report, Cross-Examination:  The Comprehensive Guide for Experts, Writing and Defending Your Expert Report and How to Excel During Depositions:  Techniques for Experts that Work.  Attorney Babitsky is the seminar leader for the Annual Medical Witness Summit and the Annual National Expert Witness Conference, and the scriptwriter for the videos "How to Be an Effective Medical Witness," "The Expert Medical Deposition:  How To Be An Effective and Ethical Witness," "Cross-Examination:  How To Be an Effective and Ethical Expert Witness," and "The Most Difficult Questions for Experts:  With Answers."  Mr. Babitsky has trained thousands of physicians over the past 23 years.

James J. Mangraviti, Jr., Esquire is a former trial lawyer with experience in defense and plaintiff personal injurty law and insurance law.  He currently serves as Vice-President and general counsel of SEAK, Inc.  Mr. Mangraviti received is B.A. degreee in mathematics summa cum laude from Boston College and his J.D. degree cum laude from Boston College Law School.  His publications include the texts Cross-Examination:  The Comprehensive Guide for Experts, Writing and Defending Your Expert Report, The Comprehensive Forensic Services Manual:  The Essential Resource for All Experts, The Independent Medical Examination Report:  A Step-by-Step Guide with Models, How to Excel During Cross-Examination:  Techniques for Experts that Work, The Successful Physician Negotiator:  How to Get What You Deserve, SEAK Law School for Physicians:  Seminar Reference Manual, and How to Excel During Depositions:  Techniques For Experts that Work.  Mr. Mangraviti has trained hundreds of physicians across the United States and Canada.

Registration Information: The $695 tuition includes a valuable seminar reference manual, 
continental breakfast and lunch each day with faculty, coffee breaks, and a dynamic 
learning experience.

 

Saturday, August 14, 2004
7:30-8:00 Registration & Continental Breakfast
8:00-8:45 How To Bulletproof Your CV

Physicians will learn how counsel will attempt to utilize their curriculum vitae (CV) to challenge their qualifications, expertise and credibility. Demonstrations will be conducted where volunteer attendees will be cross-examined on their pre-submitted CVs.
8:45-9:15 How To Qualify as an Expert Medical Witness

A discussion of the legal requirements for qualifying as an expert medical witness. The discussion includes an explanation of the Daubert case, practical suggestions to follow when attempting to qualify, and an explanation of the types of questions you are likely to face during cross-examination regarding your qualifications. In trial demonstrations physicians are qualified by counsel as expert medical witnesses and are cross-examined on their qualifications.
9:15-10:00 How To Bulletproof Your Expert Medical Report

Physicians will learn how experienced counsel will attempt to pick apart their expert medical report. Advanced drafting and testifying techniques to blunt counsel's pointed questions will be provided and demonstrated. Volunteer physicians will be cross-examined on their pre-submitted medical reports.
10:00-10:15 Break and Networking Opportunity
10:15-11:15 Depositions

Physicians will learn the special techniques which should be used when testifying at transcribed and videotaped depositions. Included is an explanation of what questions physicians are likely to be asked at deposition, why they are likely to be asked those questions, the rules the attorneys must play by at deposition, and how the physician deposition fits into both side's case. You will learn how to avoid scheduling problems and how to deal with the situation in which counsel subpoenas you as a fact witness to avoid paying you an expert witness fee.
11:15-12:00 Premium Fee Setting, Billing and Collection Techniques

Physicians will learn how to appropriately determine and set their rates, charge for and capture all their expenses, protect themselves from last minute cancellations, and how to insure that their time is paid for in full and on time.

12:00-1:00 Lunch with faculty (provided)
1:00-1:45 Preparing To Testify

Physicians will learn how to demand and obtain complete and detailed preparation by retaining counsel. The additional techniques that physicians can use to prepare by themselves will be explored in detail.

1:45-2:45 Direct Examination: Persuading The Jury

Physicians will learn how to best connect with and persuade a jury. The fifteen leading techniques will be explained and demonstrated, including "teaching" and the proper use of analogies. Physicians will learn how and when to best use demonstrative evidence. Demonstrations will be conducted with volunteer physicians who have pre-submitted a sample medical report.
2:45-3:00 Break and Networking Opportunity
3:00-4:15 Cross-Examination: Bending Not Breaking

Physicians will learn how to stand up to even the most withering of cross-examinations. Faculty will explain in detail the goals of counsel during cross-examination and the trial tactics that are commonly used. Techniques for deflecting counsel's attacks, turning the tables on counsel and excelling during cross-examination will be provided. Demonstrations will be conducted with volunteer physicians who have pre-submitted a sample medical report.
4:15-5:00 Round table Review

Faculty will review key points and open the floor for a free-flowing discussion of the issues covered in day one of the seminar.

Sunday, August 15, 2004

6:30-7:00 Continental Breakfast
7:00-7:30 Impeachment of the Medical Expert

Physicians will learn the ten most common techniques counsel will use to attempt to impeach their testimony and credibility and how to defend or avoid each.
7:30-8:30 Professional Marketing Techniques

Discussion includes how to increase your activities in the medical-legal arena in a cost-effective, dignified manner, without adversely affecting your credibility. Also included is a discussion of common pitfalls that should be avoided which can destroy a physician's viability as an expert witness.
8:30-10:00 Trick and Difficult Questions

Physicians will be bombarded with dozens of the most difficult and trick questions they are likely to be asked. Faculty will demonstrate truthful but artful responses, which do not compromise the physician's opinions, ethics or integrity. Demonstrations will be conducted with the physician's replies critiqued by the faculty and attendees.
10:00-10:15 Break and Networking Opportunity
10:15-11:00 Avoiding Abuse As An Expert Medical Witness

Physicians will learn how far counsel is permitted to go before "Crossing over the line." Discussion includes how to diagnose and deal with abuses by counsel such as repetitive, abusive and invasive questioning, overbroad subpoenas, disregard for personal comfort, and unreasonable time constraints. Physicians will learn how to "Fight back."
11:00-12:00 Ethics and Enhancing Your Credibility

Discussion includes how to maintain your honesty, integrity, and credibility while participating in an adversarial judicial system. The potential civil and ethical liabilities of expert witnesses are also discussed. Techniques for increasing your credibility are also explained as are ways to effectively deal with unethical attorneys.
12:00-1:00

Lunch With Faculty (Provided)

1:00-2:00 Testifying in Medical Malpractice Cases

Discussion includes a lecture on the essentials of medical malpractice law and a preview of the types of questions you can expect to be asked when testifying for the defense or plaintiff in a medical malpractice action. Also included is a discussion of the special nuances of medical negligence cases and how this effects expert testimony in those cases. In a trial demonstration, counsel will cross-examine physicians testifying in medical malpractice cases.
2:00-2:45 Concluding Roundtable Review:

Faculty review key points and open the floor for a free-flowing discussion of the issues covered in the entire seminar.

SEAK in Falmouth -- August 2004

Registration
Information 

 CME  Registration Form August 2004 Home PDF of entire brochure Practice Management Skills for Physicians
Medical-Legal Report Writing SEAK Business School Effective Medical Witness  Investing Strategies for Physicians Law School for Physicians Asset Protection
Malpractice Survival Independent Medical Examiner   Negotiating Skills Non-Clinical Careers for Physicians Advanced 
Financial Strategies		 Expert Witness Directory
     

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