What is a doctor’s deposition and why is it so darn important?
In most workers’ compensation claims and personal injury cases it is necessary to prove that your injury, lost time from work and medical bills were caused by your job. To prove our case we frequently have to get the treating doctors to testify to their opinions on this issue. A deposition is where the lawyers and a court reporter go to the doctor’s office and ask him questions under oath, the same exact way we would in a courtroom. At minimum, we need the doctor to testify to the following issues:
1. What is your diagnosis to a reasonable degree of medical certainty?
2. What medical treatment do you require (including diagnostic tests, surgeries, therapy, medications…)?
3. Do you need to be temporarily off work due to this injury? Do you need restrictions due to this injury? If so, what kind of restrictions? For how long?
4. Does he have an opinion to a reasonable degree of medical certainty whether your work related accident could or might have caused or aggravated your injury? Note: standard Missouri is different and much more difficult to prove.
5. Does he have an opinion whether the need for treatment is related to the accident?
6. Does he have an opinion whether the amounts of the medical bills are reasonable and necessary?
7. Does he have an opinion what permanent work and lifestyle restrictions you will need after the injury?
8. Does he have an opinion what kind of future medical treatment you will need?
An experienced lawyer knows which doctors provide both great treatment (the #1 priority) and understand all of the complexities of a strong deposition. At Law Office of Keith Short we have over 20 years of experience in handling Illinois and Missouri workers’ compensation claims. If we don’t know your doctor, he/she probably isn’t very experienced in dealing with workers’ compensation claims. If you need guidance and strong legal representation, call Law Office of Keith Short at 1-800-421-0960