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IARP CONNECT Code of Conduct

  • 1.  deposition question preparation

    Posted 02-21-2012 14:54
    This message has been cross posted to the following Discussions: IALCP and Forensic .
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    Hello everyone!

    I am preparing deposition questions for an attorney who will be deposing the opposing expert in a case.  What do you think of sending the attorney a deposition transcript of this person from a prior case, that has settled?  I believe it is appropriate, but I want to check with my esteemed colleagues before doing so.

    I appreciate your comments.  Thanks! 

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    Michele J. Albers, MS, CRC, LPC, CLCP
    Vocational Consultant/Life Care Planner

    Vocational Diagnostics, Inc.
    P.O. Box 748
    Sun Prairie, WI 53590
    (608) 846-9530 (P)
    (888) 667-9860 (F)
    mjalbers@charter.net
    michelea@legaldamages.com
    www.legaldamages.com
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  • 2.  RE:deposition question preparation

    Posted 02-21-2012 15:01

    Michele:

    Prior testimony of an expert is always good to have.  If there are specifics of the prior case similar to the current issues you can highlight those sections for the attorney.   An expert can be impeached by their prior testimony if their opinion is different that what they are currently testifying to.

    Another good rule is to look for publications, professional associations and see how involved the expert has been.

    Regards
    Su
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    Suzanne Langroth, Legal Nurse Consultant, Life Care Planner
    RN, LNCC CNLCP
    slangroth@hbss.net
    Cataula, GA United States
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    Original Message


  • 3.  RE: deposition question preparation

    Posted 02-21-2012 15:02
    1. Was the deposition provided under a protective order? 2. is the content of the deposition subject to a protective order? 3. Does the content have PHI? Although some attorneys feel that information in litigation is of public record - if you signed any confidentiality agreement -business associate agreement - or as a healthcare professional you should not provide. Read my latest blog post http://www.rebeccabusch.com/ Rebecca Busch, RN, MBA, CCM, CBM, CPC, CFE, FHFMA, FIALCP CEO/Medical Business Associates, Inc. 580 Oakmont Lane * Westmont, IL * 60559 (D) 630.789.9000 ex.5011?? (F) 630.413.5993 Twitter: @HealthCareFraud http://www.mbaaudit.com/ We deliver the FACTS Fraud (prevention & detection)+Audit+Consulting+Training Solutions SDB*WBE* Certified Firm This communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return mail and delete this communication and destroy all copies.
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  • 4.  RE: deposition question preparation

    Posted 02-21-2012 19:02
    Unless sealed by court order, depositions are filed with the court and available to anyone making a request for them. That has always been my understanding from attorneys. Bob Taylor Sent from my iPhone On Feb 21, 2012, at 1:02 PM, Rebecca Busch wrote: > > > 1. Was the deposition provided under a protective order? > 2. is the content of the deposition subject to a protective order? > 3. Does the content have PHI? Although some attorneys feel that information in litigation is of public record - if you signed any confidentiality agreement -business associate agreement - or as a healthcare professional you should not provide. > > > > > Read my latest blog post > http://www.rebeccabusch.com/ > > Rebecca Busch, RN, MBA, CCM, CBM, CPC, CFE, FHFMA, FIALCP > CEO/Medical Business Associates, Inc. > 580 Oakmont Lane * Westmont, IL * 60559 > (D) 630.789.9000 ex.5011?? (F) 630.413.5993 > Twitter: @HealthCareFraud > http://www.mbaaudit.com/ > We deliver the FACTS > Fraud (prevention & detection)+Audit+Consulting+Training Solutions > SDB*WBE* Certified Firm > > This communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return mail and delete this communication and destroy all copies. > > >
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  • 5.  RE: deposition question preparation

    Posted 02-21-2012 19:12
    I agree with you - then the release is via the court I am not sure if that transfers to ones professional responsiblity when handling PHI. I will only produce a file from an unrelated matter under a court order.
    Original Message


  • 6.  RE:deposition question preparation

    Posted 02-21-2012 21:26
    In this day and age, attorneys can readily retrieve copies of any deposition or expert report on record through legal databases.  They simply need to do the legwork.  You may point them in the right direction by suggesting they investigate a particular case you are aware of that could help their cause but I would not send copies of file materials to anyone unless ordered by a court.

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    Daniel Baierl, MS, ABVE-F, CLCP
    Horizon Vocational Services, Inc.
    danbaierl@comcast.net
    Irwin, PA United States
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    Original Message


  • 7.  RE: deposition question preparation

    Posted 02-21-2012 21:32
    I agree with you that is my point I think it is a gray area to be providing copies from your respective file on an unrelated case Read my latest blog post http://www.rebeccabusch.com/ Rebecca Busch, RN, MBA, CCM, CBM, CPC, CFE, FHFMA, FIALCP CEO/Medical Business Associates, Inc. 580 Oakmont Lane * Westmont, IL * 60559 (D) 630.789.9000 ex.5011?? (F) 630.413.5993 Twitter: @HealthCareFraud http://www.mbaaudit.com/ We deliver the FACTS Fraud (prevention & detection)+Audit+Consulting+Training Solutions SDB*WBE* Certified Firm This communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return mail and delete this communication and destroy all copies.
    Original Message


  • 8.  RE: deposition question preparation

    Posted 02-21-2012 21:42
    I am in the same camp--if they want it, They can obtain it and you remain clean Angie. Angela M. Heitzman, MA, CRC, CLCP Heitzman Rehabilitation, LLC St. Louis Park MN On Feb 21, 2012, at 8:32 PM, Rebecca Busch wrote: > > > I agree with you that is my point > I think it is a gray area to be providing copies from your respective file on an unrelated case > > > Read my latest blog post > http://www.rebeccabusch.com/ > > Rebecca Busch, RN, MBA, CCM, CBM, CPC, CFE, FHFMA, FIALCP > CEO/Medical Business Associates, Inc. > 580 Oakmont Lane * Westmont, IL * 60559 > (D) 630.789.9000 ex.5011?? (F) 630.413.5993 > Twitter: @HealthCareFraud > http://www.mbaaudit.com/ > We deliver the FACTS > Fraud (prevention & detection)+Audit+Consulting+Training Solutions > SDB*WBE* Certified Firm > > This communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return mail and delete this communication and destroy all copies. > > >
    Original Message