Public Information Could Damage Your Testimony

If you’re named in a medical liability lawsuit, your ISMIE Mutual defense team will help you navigate the legal system to achieve the best possible outcome: resolving the matter in your favor and returning you to your patients.

But you must be prepared. Before your deposition, the plaintiff’s attorney will assemble certain public details about you. You should do the same.

In addition to medical records and billing records, there is a plethora of public information that can be used against you by a clever plaintiff’s attorney during your deposition. For example, you may be asked about your curriculum vitae, your health care professional credentialing form – or something as seemingly benign as your “Yellow Pages” ad.

Review your curriculum vitae regularly to ensure its accuracy. Determine that your:

• Hospital privileges have not lapsed. Make certain that your documentation detailing your privileges at each hospital is up-to-date.
• Medical association membership dues have not expired. If, for example, you list your AMA membership, and an internet check by the plaintiff’s attorney discovers that your name isn’t listed on the AMA’s membership roll, a jury may consider this an act of deceit or fraud (when all that really happened was an untimely membership renewal).
• Medical/legal activities are excluded. Seminars that you attended or taught, which were hosted by a risk management or insurance company, make you appear to be an expert on the subject. You do not want to invite questions about your involvement.

Examine your telephone directory ad, other advertisements, managed care entity participating provider lists and your practice’s internet site. Be familiar with the information set forth in all your promotional material and provide your attorney with copies. Here’s one example of public information that caused a medical liability case to go seriously awry:

In February 2001, the defendant physician denied at trial that he advertised himself as a
high-risk obstetrician, only to be impeached by a copy of his Yellow Pages ad, which described him as a high-risk obstetrician. The jury returned a verdict that greatly exceeded the physician’s $1 million policy. This highly publicized case was reported in the Illinois Jury Verdict Reporter. Consequently, plaintiff’s counsel is likely to read your Yellow Pages ad. You should, too.

It might be consoling to remember that 80 percent of all cases never come to trial. You can beat the odds by being vigilant about reviewing public information about you that appears in print and on the Web.

Mutual Interests thanks John M. McGarry, attorney at law, Dykema Gossett Rooks Pitts PLLC, for contributing to this article. Mr. McGarry’s advice on testifying, based on more than 16 years experience in helping physicians avoid lawsuits, will be featured in future issues.