Doctors and Litigation: The L Word Mistakes to Avoid: An Expert Medical Expert's Take
Dec 29, 2024
In this discussion, Dr. Stephen Cohen, a seasoned general and colorectal surgeon with decades of experience as an expert witness, shares eye-opening insights into common pitfalls faced by physician defendants. He highlights significant mistakes in legal cases and the often-overlooked disparity between jury verdicts and actual medical care standards. Listeners will discover the emotional strains of depositions and the challenges of conveying complex medical issues to juries, as well as real case outcomes that illustrate the intricacies of navigating medical malpractice litigation.
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Deposition Strategies
- Understand how attorneys can manipulate phrasing to influence your answers.
- Avoid arguing with the attorney or acting superior, as they are well-prepared.
The Coumadin Case
- A colorectal surgeon was sued after a patient had a stroke post-op.
- The surgeon admitted in deposition to doing things differently in hindsight, which led to losing the case.
Hypothetical Questions
- Answer hypothetical questions carefully, as they aim to exploit emotions.
- Focus on what you knew and did in the specific moment of care, not on potential outcomes.