Book Details

Cross-Examining Doctors: A Practical Guide, Second Edition

By Alan T. Radnor

  • ORDER HARD COPY: 2010
  • Softcover
  • 250 pp.
  • ISBN: 9780831899912
  • Order Code BK72
  • $149.00
  • ONLINE: 2010
  • Online
  • 250 pp.
  • $129.00

The best-selling First Edition of Cross-Examining Doctors: A Practical Guide was intended to serve as a front-line resource for the busy litigator who needed to plan the best cross-examination. ALI-ABA is proud to add this Second Edition to its growing list of litigation guides.

Expanded New Edition Illustrates Cross-Examination Techniques With Actual Trial Transcripts!

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To hear Alan T. Radnor’s Introduction to Cross-Examining Doctors, Second Edition, please use the control below.



Reviews

Praise for the New Edition of Cross-Examining Doctors

 
"...contains substantive information relevant to any litigator, and it provides useful insights into how others might be handling a technique..."

David J. Stevens,  The Colorado Lawyer

 Praise for the First Edition of Cross-Examining Doctors

This book provides solid, sound, and practical instruction to any attorney who is interested in learning one of the essential crafts of personal injury practice—cross-examining.

- Martin Blake, TRIAL

[W]ell organized and fascinating.…

- The Colorado Lawyer

Cross-Examining Doctors: A Practical Guide is an important addition to the library of any attorney who is interested in improving his or her cross-examination of a medical expert witness. This is a practical book that gives very practical advice to the attorney who cross-examines doctors.

- Raymund C. King, MD, JD, FICS Cowles & Thompson, P.C.

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Overview

Doctors are not easy witnesses to cross-examine. They are intelligent people. They are well-prepared witnesses. They usually know more about the medical facts and science of the case than you. And jurors respect them.

Doctors are often the key to case—going right to the heart of the plaintiff’s claim for damages or the defendant’s causation defense. But you CAN cross-examine them successfully.

Cross-Examining Doctors: A Practical Guide, Second Edition answers these questions:

How should you cross-examine a doctor about his lack of Board Certification?

How do you question a doctor about his publications?

How should you question a non-treating physician about his relationship to the case?

How do you challenge the scientific basis of a physician’s opinion concerning proximate cause?

How do you examine the treating physician in a personal injury case?


 
Cross-Examining Doctors: A Practical Guide, Second Edition
explains step-by-step how to:

Investigate the case thoroughly and promptly

Learn the medical issues, terms, and applicable standard of care

Conduct discovery depositions that precisely and unambiguously pin down the doctor’s interpretation of the relevant facts and his or her opinions and conclusions

Focus on cross-examining the doctor concerning issues that will yield a strong beginning and closing

Stay on message

Avoid damaging your case

Avoid helping opponents make their case

Conduct a tight, orderly, and short cross-examination


Cross-Examining Doctors: A Practical Guide, Second Edition illustrates techniques for cross-examining:

Asbestos experts

Doctors in Daubert hearings

Treating physicians

Plaintiffs’ doctors

Defense doctors

Insurance coverage experts

Physicians testifying in workers’ compensation cases


This new Second Edition addresses in detail the steps that a cross-examining attorney can take to confront and challenge this most difficult of witnesses. Proper preparation encompasses an effort on the attorney’s part to become familiar with medical terminology and basic anatomy. Discovery must be focused and precise, and must include investigation and planning that precedes the deposition. The deposition itself must pin down the doctor’s opinion, make the doctor’s file and records available to the cross-examiner, elicit admissions, and it must proceed in a way that does not reveal the framework of the trial cross-examination. Trial preparation involves establishing a sequence for the examination, and determining what material permits the cross-examiner to start strong and finish strong. Since doctors are very knowledgeable witnesses, conducting the examination is all about how to stay in control of the testimony. A number of effective cross-examination techniques can be brought to bear on the task; this book helps the attorney to choose the right ones.

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About the Author

Alan T. Radnor has been an associate, partner, and of counsel with Vorys, Sater, Seymour and Pease LLP in Columbus. He is a Fellow of the American College of Trial Lawyers. Having practiced law for 38 years, he has extensive trial experience in medical malpractice, products liability, insurance defense, and personal injury. His speeches and addresses have included “Presentation of Demonstrative Evidence,” “Cross-Examination of Medical Experts,” “Nursing Malpractice,” “Pediatric Malpractice,” and “Medical Ethics.” Mr. Radnor has been selected for inclusion in the Ohio Personal Injury Litigation section of The Best Lawyers in America since 1989, and for twenty years he was an Adjunct Professor of Law at The Ohio State University Moritz College of Law, teaching Trial Advocacy to third-year law students.

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The bulk of civil litigation involves some form of personal injury. Whether it is a basic auto accident or a high-profile high-stakes products liability or mass tort case, a doctor will testify. The doctor’s testimony will establish the existence of the injury. That testimony will:

Explain how that injury occurred;

Describe how any underlying disease process works;

Detail the plaintiff’s medical history, how the injury has affected the plaintiff’s overall health, limited the plaintiff’s ability to work, affected the plaintiff’s family relationships, and diminished the plaintiff’s enjoyment of life;

Describe for the jury the plaintiff’s pain and suffering, the course of treatment, and whether the injury will be a permanent part of the plaintiff’s life.

Establish the cost of medical treatment to the plaintiff.


In short, the doctor’s testimony will go right to the heart of the plaintiff’s claim for damages–or the defendant’s causation defense.

Special Litigation Book Bundle: Get Anatomy for Litigators with 2010 Supplement, Cross-Examining Doctors, Second Edition, and Red Flags: A Lawyer’s Handbook on Legal Ethics, Second Edition, for only $349 (a $96 savings)!     ADD TO CART

 

Free Downloads

Complete Table of Contents

Index

Table of Contents

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Abbreviated Table of Contents

Chapter 1 Introduction

Chapter 2 Preparation

Chapter 3 Planning Cross-Examination for Trial

Chapter 4 Phrasing Questions—Controlling the Testimony

Chapter 5 Techniques of Cross-Examination

Chapter 6 Areas of Cross-Examination

Chapter 7 How it Looks at Trial

Index

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