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Root out inconsistencies, bias in the medical report.


The key to beating the defense medical examiner A public official charged with investigating all sudden, suspicious, unexplained, or unnatural deaths within the area of his or her appointed jurisdiction. A medical examiner differs from a Coroner in that a medical examiner is a physician.  (DME (Distributed Management Environment) A network monitoring and control protocol defined by the Open Software Foundation (now The Open Group). DME was not widely used.

DME - Distributed Management Environment
) on substantive issues is finding evidence that either controverts his or her opinions or shows that it is tainted taint  
v. taint·ed, taint·ing, taints

v.tr.
1. To affect with or as if with a disease.

2. To affect with decay or putrefaction; spoil. See Synonyms at contaminate.

3.
 by antiplaintiff bias.

Before the doctor's deposition Deposition

Christ is taken from the cross and enshrouded. [N.T.: Matthew 27:57–60; Christian Art: Appleton, 55]

See : Passion of Christ
, meet with the expert who will offer testimony that rebuts his or her findings. The expert can help you zero in on conclusions that should be challenged.

Read the DME's report closely and get a solid understanding of the medicine involved. Has the report misstated or left out any facts? Is there literature that will contradict con·tra·dict  
v. con·tra·dict·ed, con·tra·dict·ing, con·tra·dicts

v.tr.
1. To assert or express the opposite of (a statement).

2. To deny the statement of. See Synonyms at deny.
 the findings?

To uncover potential antiplaintiff bias, follow the money. Ask the doctor to produce 1099s for previous years, which will show what he or she earned for doing record reviews and exams for defense counsel or insurance companies. Also demand a list of all the cases for which the DME has provided his or her services.

At the deposition, ask questions to determine how well the DME knows the defense lawyer and the claims adjuster in your case. On how many cases have they worked together? Do they socialize so·cial·ize  
v. so·cial·ized, so·cial·iz·ing, so·cial·iz·es

v.tr.
1. To place under government or group ownership or control.

2. To make fit for companionship with others; make sociable.
? Also, find out whether the doctor advertises his or her services as an expert or testifies other than as a DME, and whether he or she has ever taught, attended, or had exhibit booths at seminars for defense lawyers.

Proper preparation for the DME's deposition is crucial. An in-depth deposition can help expose an incorrect or incomplete report or reveal bias against your client.

JoJene Mills

Tucson
COPYRIGHT 2007 American Association for Justice
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Author:Mills, JoJene
Publication:Trial
Date:Jan 1, 2007
Words:248
Previous Article:Beyond a reasonable 'don't'.(preparing witnesses for a deposition or a trial)
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