How to be an Effective Medical Witness

How to be an Effective Medical Witness

Conference
How To Be An Effective Medical Witness	Schedule
Sea Crest Oceanfront Resort Falmouth, Massachusetts	Faculty
August 18-19, 2005	Registration Info
	Registration Form
IME Directory / Expert Witness Directory	PDF of entire brochure
Executive Summary 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.
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, and 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 an appropriate 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 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. The Honorable David Lawson is a United States District Court Judge for the Eastern District of Michigan. He was formerly a member of the Detroit law firm of Clark Hill, PLC (Birmingham office). He received his BA degree magna cum laude from the University of Notre Dame, and his JD magna cum laude from Wayne State University. Judge Lawson is a former Special Assistant Attorney General and Special Prosecutor, and is currently on the faculty of the Michigan Judicial Institute. Prior to taking the bench his practice included both civil and criminal trial litigation, and he was actively involved in the trial of medical malpractice, negligence, and product liability cases. Judge Lawson has written and lectured extensively on scientific evidence and trial techniques.
Thursday, August 18, 2005

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. Questions and Answers

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. Questions and Answers

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 forensic reports. Questions and Answers

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. Questions and Answers

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. Questions and Answers

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. Questions and Answers

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. Questions and Answers

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. Questions and Answers

Friday, August 19, 2005

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 one. Questions and Answers

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.Questions and Answers

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.Questions and Answers

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." Questions and Answers

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 professional liabilities of expert witnesses are also discussed. Techniques for increasing your credibility are also explained as are ways to effectively deal with unethical attorneys.Questions and Answers

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. Questions and Answers

2:00 - 2:45 Concluding Roundtable Review:
Faculty will review key points and open the floor for a free-flowing discussion of the issues covered in the entire seminar. Questions and Answers

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