Cross Examination of the Defense Medical Doctor: Nine Keys for Success

Show that the defense doctor is more familiar with law firms in town than the names of the people he has testified against in court.You may be able to make the point on cross-examination that the defense doctor is very familiar with the names of the defense law firms that refer him defense medical exams, but less familiar with all of the individuals he has testified against. Yes.Q. Changing a baby's diaper?A. Yes.Q. Any impacts in any of those incidents?A. No.Q. Any property damage?A. NoQ. Do you ask for pictures of golf clubs, or baseball bats, or tennis racquets?A. No.Q. Do you have any pictures inside your private patient's charts?A. No.Q. Have you ever taken care of anyone who was ever hurt in an auto accident?A. Yes I have.Q. Have any of them had neck injuries?A. Yes some of them.Q. Have any of them had back injuries?A. Some of them have.Q. Do you actually treat them for this?A. Yes I do.Q. Some of them get well right away.A. Yes.Q. Have you ever heard of the word chronic?A. Yes.Q. What does that mean?A. Well it means something that long lasting and long standing.Q. Over the years have any of your patients had chronic back problems?A. I am sure there have been a few of them.Q. Do any of them have chronic neck problems?A. Occasionally that will happen.Q. Well if they say they are still hurting do you still take care of them?A. Yes.Q. Do you send some of them out for MRI's, PT, or pain management?A. Yes.Q. My client told you the truth. Her headaches got better, her neck got better, and her back is not better?Q. And she was in an auto accident just like some of your private patients.A. Yes.Q. Don't you think doctor that she could have been hurt to in this accident?A. [There is not a lot he can say.]7. Doctor do you have pictures of vehicle damage in any of your private patients charts?Here is a line of questions to point out the absurdity of basing a medical diagnosis on property damage estimates or photographs of car bumpers. Typically you can get these admissions during the deposition of a doctor. Many medical doctors will admit at deposition that there is little correlation between the extent of injury to the amount of damage to a vehicle.Q. Dr. Did you get a copy of the repair estimate in this case?A. No.Q. Did you put a copy of the repair estimate in the plaintiff's file?A. No.Q. Have you ever asked any of your own patients for a repair estimate from a body shop?A. No.Q. Don't you just ask your patients if they were hurt?A. Yes.Q. Don't you listen to their subjective symptoms?A. Yes.Q. Aren't their subjective complaints the best tool you have to diagnose their problems?A. Yes.Q. Do you have any pictures of a fender or a bumper in any of your private patient's file?A.