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Working with the Attorney

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So moving on in terms of working with the attorney,

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whatever attorney it is,

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you have an obligation right up front

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to have a clear understanding of what your assignment is.

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And as a radiologist, that's usually pretty clear.

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I mean, I work with all specialties of medicine

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and sometimes it, um, is a,

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is different in different specialties.

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I describe this as a, a four dimension,

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fourth dimensional game of chess

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because as one piece moves here, another piece moves here.

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And, and we have to be able to keep all of you guys sort

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of corralled in on the same page, um, in accordance

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with your different specialties, with evolving facts

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that become available.

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So things do shift and understand that that's gonna happen.

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And you just want to, you know, it's a process

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through discovery of getting everybody on the same page for

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moving forward to deposition and ultimately trial.

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And one of the things that can happen

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and does, you know, frequently happen in these cases is

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that, you know,

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and I tell my, I tell my clients, my plaintiffs, look,

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I think you have a solid case.

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I have worked with physicians who've reviewed your case.

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They think that you have a solid case.

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But understand that there may be

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additional evidence that comes forward.

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And we, you know, there may be something that says,

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oh my gosh, the case is no longer that way

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and we'll recommend it, you know, be dismissed.

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That happens rarely

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because normally I've vetted all that out

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and sorted all that out

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before we get to the point of filing a lawsuit.

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Um, but sometimes it does happen.

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And the same thing happens on the other side.

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So the defense may come into this thinking, oh,

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we've got a solid defensible case here.

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We're marching forward and then I'm able

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to produce something.

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And it happens all the time.

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Produce something that says, oh, okay, this is pretty clear

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that there was malpractice.

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Let's just go ahead and get this resolved

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sooner rather than later.

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So it happens on both sides.

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Be aware that things change, evidence moves.

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It's like a chess board in different dimensions,

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and that's just part of the process.

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Um, the other thing that I'll tell you, uh,

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from a lawyer's perspective in working with physicians is

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that if you're gonna do this work

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and jump into it, be available, uh, don't make it hard

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for us to get ahold you, ahold of you to find you.

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Um, and in that regard, let us know

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how you like to be contacted.

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I have physicians across the country,

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someone a text from me, they don't care what day

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or time, weekend, evening, whatever.

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Just send me a text. I'll get back to you as soon as I can.

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Others want an email, someone a phone call.

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So just let us know your preferred method

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to get ahold of you.

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If there's dates or times

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or that are off limits, let us know.

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Um, and then the reason why this is so important

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Is because, you know,

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our big thing in law is we have strict deadlines

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and we have a lot of work to get ready for those deadlines.

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And with changing information, new evidence that comes in,

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this type of thing, we need to be able to get hold of you

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so we can understand how that's going

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to impact your opinions.

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And then make sure your opinions are solid and

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provided to opposing counsel in the court

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within these strict deadlines.

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So I don't tend to go back

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and work with physicians who, you know, don't respond to,

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you know, it takes three days a week,

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sometimes several weeks to get back to me.

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Um, I try to also let you know,

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and you should also be willing to ask,

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what are my deadlines in this case?

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And by the time we're reaching out

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and contacting you to review a case we typically know

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or have a general idea what those deadlines are gonna be,

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look at your calendar.

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Can you support it? Can you not support it?

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And then move forward.

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I have, you know, great experts who will say, Hey, Kelly.

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Yeah, but you know, I'm, I'm gonna be in Europe

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during the time trial scheduled.

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Well, you know, okay, I'll, I'll find someone else

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for this one, whatever.

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But know your schedule. Be willing to work with and,

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and be responsive to the p

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or to the attorney that's hired you.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Majid Aziz Khan, MD, MBBS

Director, Non-Vascular Spine Intervention

Johns Hopkins University

Mahla Radmard, MD

Postdoctoral Research Fellow

Johns Hopkins University School of Medicine

Kelly P. Yousem, JD

Plaintiff’s Attorney

Tags

Non-Clinical