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This publication is part of the Arbitration Law Database

Deposing Experts in Medical Malpractice Cases

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Medical negligence claims are complex. They require counsel to prove the elements of the tort of negligence—duty, breach, causation, and damages—most of which must be proved through expert testimony. Because testimony is the very method of proving malpractice, depositions conducted in medical negligence cases are the most important evidentiary part of the case that counsel has some ability to control.
 

     This  new, digital-only book, Deposing Experts in Medical Malpractice Cases, teaches you how to gain control of your case as it comprehensively addresses the scope of issues that arise in a medical malpractice deposition. It is suitable for use in deposing  a medical expert in any specialty, and focuses on  deposition by oral examination under a single procedural rule: Federal Rule of Civil Procedure 30, as most state procedural laws governing depositions are either based upon or analogous to Federal Rule of Civil Procedure 30.  
 

    With plain-English discussion of the issues, citation to legal authority, useful checklists, practice pointers, and clear answers on how to deal with the snags as they arise, the eight cut-to-the chase chapters and fourteen authentic, annotated full deposition forms, Deposing Experts in Medical Malpractice Cases gives you the knowledge base necessary to quickly master the strategies of effective deposition-taking.

LaMar F. Jost is a trial lawyer and partner with the Denver law firm Wheeler Trigg O’Donnell LLP.  He has devoted the first two decades of his career to successfully trying cases in federal and state courts across the country. He is licensed to practice in Colorado, the District of Columbia, Georgia, Illinois, Iowa, Maryland, Michigan, New Mexico, Washington, Utah, Wyoming, and the Wind River Tribal Court. He is admitted to practice in the United States Supreme Court, along with several other federal appellate and district courts. Because of his extensive trial work in medical malpractice, LaMar Jost has been selected as a “Rising Star” by Colorado Super Lawyers for seven years running, was recognized as a top defense lawyer in Colorado, and was named to Denver Business Journal’s 2016 “40 under Forty” list, which selects its top business professionals in Colorado from a wide range of professions. He has authored several chapters on topics related to civil practice. He is co-author of Medical Records as Evidence, and  has lectured extensively on damages in civil actions. 

   Prior to joining Wheeler Trigg O’Donnell, Mr. Jost had the honor of clerking for the Honorable Clarence Brimmer in the District of Wyoming and for the Honorable Bobby Baldock at the Tenth Circuit Court of Appeals.

 

Ramona L. Lampley is Associate Dean for Research and Faculty Development and South Texas Professor of Law at St. Mary’s University School of Law in San Antonio, Texas.  She teaches constitutional law, civil procedure, e-discovery, evidence, sales, & secured transactions.  Professor Lampley has been published in the American University Law Review, Washington Law Review, BYU Law Review, Cornell Journal of Law and Public Policy, and Essentials of E-discovery and is also a co-author of Federal Evidence Tactics, and Medical Records as Evidence. 

    Prior to joining the faculty at St. Mary’s School of Law, she practiced civil litigation at Wheeler Trigg O'Donnell LLP in Denver, Colorado.  There she handled a variety of large cases involving medical malpractice, commercial contract disputes, and class actions.  She was recognized as one of Denver, Colorado’s “40 under Forty” rising professionals in 2012 and as one of Colorado Super Lawyer’s Rising Stars in 2012.  After law school, Professor Lampley clerked for The Honorable Harris L Hartz on The United States Court of Appeals for the Tenth Circuit.

 

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