How
to Be An Effective Medical Witness
How to Be An Effective Medical Witness
August 16-17, 2007
Falmouth, MA
Sea Crest Oceanfront Resort
www.seacrest-resort.com
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Executive Summary
This is a practical, hands-on, interactive course
taught by an exceptional faculty. 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, workers' compensation 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 Will 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 have to say!
"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"
Distinguished Faculty
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
magnacum 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.
James J. Mangraviti, Jr., Esq.,
has trained thousands
of expert witnesses across the United States and Canada. He is a
former litigator with experience in defense and plaintiff personal
injury law and insurance law. He currently serves as Vice President
and General Counsel of SEAK, Inc. Mr. Mangraviti received his BA
degree in mathematics
summa cum laude
from Boston
College and his JD degree cum laude from Boston College Law
School. His publications include the texts
The A-Z Guide to
Expert Witnessing, Cross-Examination: The Comprehensive Guide for
Experts, National Guide to Expert Witness Fees and Billing
Procedures, Writing and Defending Your IME Report, How to Excel
During Depositions: Techniques for Experts That Work, Writing and
Defending Your Expert Report: The Step-by-Step Guide with Models,
and
How to Become a
Dangerous Expert Witness: Advanced Techniques and Strategies.
Tuition
Tuition is
$1,195. Tuition includes continental breakfast, lunch with faculty
each day and a detailed conference manual.
Click here for registration information.
Continuing Education Information
Click here for Continuing Education Information.
Schedule
Thursday, August 16, 2007
7:30-8:00Registration and Continental Breakfast
8:00-8:45How 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
8:45-9:15How 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
9:15-10:00How 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
10:00-10:15BREAK &
NETWORKING OPPORTUNITY
10:15-11:15Depositions
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
11:15-12:00Premium 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
12:00-12:45LUNCH PROVIDED
WITH FACULTY
12:45-1:45Preparing 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
1:45-2:45Direct
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
2:45-3:00BREAK AND
NETWORKING OPPORTUNITY
3:00-4:15Cross-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
4:15-5:00Testifying 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
Friday, August 17,
2007
6:30-7:00Continental Breakfast
7:00-7:45Impeachment 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
7:45-8:45Ethics 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
8:45-9:00BREAK &
NETWORKING OPPORTUNITY
9:00-10:00Avoiding 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
10:00-10:15BREAK &
NETWORKING OPPORTUNITY
10:15-12:00Trick 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
12:00-12:45LUNCH PROVIDED
WITH FACULTY
12:45-1:45Professional
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
1:45-2:30Takeaways,
Conclusion and Evaluation
The faculty will answer any and all outstanding questions. The
faculty and attendees will then work together to develop a
"bullet-point" list of the most important concepts, techniques and
action steps learned in this workshop. Questions and Answers.