[hope4thebest]

I have been assigned a date to attend a deposition..The insurance carrier's attorney, a court stenographer and my attorney..will my doctors be able to attend? Of course not....

I will feel like a deer trapped in a net of questions and scrutiny, and even according to some, intimidation.....I have to take an oath as though it is suspected that I will lie.
I will be interrogated about me, my life, very personal questions...
While I have nothing to hide, i am affronted by this process..and from what I understand, the questions will be tricky to try and 'catch' me in some mistruth.
I am concerned that I will blow up in indignation.

Will I have an opportunity to question their policies on authorization, why the utilization review board is in another state staffed by doctors not licensed in California? I already know that answer...to protect them from liability...)

In my humble opinion, this is being done for one reason only, to view me as a price tag. It is eumphemistically called a "discovery process", to find out about who I am......The true purpose, however, is to find out how much will I cost the insurance company, and what is the least amount of money they can pay for my treatment, and their future responsibility
....
While I have a budget I must live within, I would not compromise the health treatment of my loved ones...but I am not the W.C. insurance company's loved one......

I am certain they will ask why I don't want a spinal cord stimulator...their probable suggestion for a fast fix...
My response will be (among other reasons) that it can cause spread...and I will have nothing from a medical journal to substantiate my rationale...

All along, I've had to write letters and beg for authorizations ...
..and now I'll sit under their spotlight by law...I am far from being naive, but
something is wrong with the priorities of healing...

I apologize for my rant..to you, my friends..on a Sunday night...but I am seething..

Hope4thebest

[bobber]

Know that God will be there,,,keep you answers short,,tell them that it is common knowledge that SCS can in a high percentage of the time cause spread,,,,,,remember
"Fewer the Words, The More Powerfull The Statement." I do believe that you will get relief out of this,,,pray before you go into the courtroom,,,,,,,,,best wishes,,,,,,,,bobber

[SandyRI]

Hi there,

Bummer. Can you let your attorney answer most questions? And submit prepared written documents of your symptoms and your medical history?

There have got to be places that you can go to get evidence that the SCS is not always the best answer for RSD - especially once it has started to spread. Now that there are 2 double blind studies indicating the efficacy of ketamine (70-80%), why would anyone try something so invasive and so expensive first? Doesn't the SCS cost around $50K?

Please don't give up hope of getting better. When does this special event take place? And how are your feeling these days? Is your shoulder any better?

XOXOX Sandy

Originally Posted by hope4thebest

I have been assigned a date to attend a deposition..The insurance carrier's attorney, a court stenographer and my attorney..will my doctors be able to attend? Of course not....

I will feel like a deer trapped in a net of questions and scrutiny, and even according to some, intimidation.....I have to take an oath as though it is suspected that I will lie.
I will be interrogated about me, my life, very personal questions...
While I have nothing to hide, i am affronted by this process..and from what I understand, the questions will be tricky to try and 'catch' me in some mistruth.
I am concerned that I will blow up in indignation.

Will I have an opportunity to question their policies on authorization, why the utilization review board is in another state staffed by doctors not licensed in California? I already know that answer...to protect them from liability...)

In my humble opinion, this is being done for one reason only, to view me as a price tag. It is eumphemistically called a "discovery process", to find out about who I am......The true purpose, however, is to find out how much will I cost the insurance company, and what is the least amount of money they can pay for my treatment, and their future responsibility
....
While I have a budget I must live within, I would not compromise the health treatment of my loved ones...but I am not the W.C. insurance company's loved one......

I am certain they will ask why I don't want a spinal cord stimulator...their probable suggestion for a fast fix...
My response will be (among other reasons) that it can cause spread...and I will have nothing from a medical journal to substantiate my rationale...

All along, I've had to write letters and beg for authorizations ...
..and now I'll sit under their spotlight by law...I am far from being naive, but
something is wrong with the priorities of healing...

I apologize for my rant..to you, my friends..on a Sunday night...but I am seething..

Hope4thebest

[fmichael]

Dear H4TB -

You are not being treated like a criminal. A defendant in WC case has the right to take discovery, just as you (should) have the right to take the depo of any expert witness the carrier/defendant designates, subject to paying said doc's hourly rate. As to your specific concerns regarding questions on the SCS that is something that may require a sunstantive knowledge of Cal. WC procedure, I don't know . . .

But as a general matter, and as your attorney has or will no doubt tell you, the key thing in any depo is to listen very carefully before answering any question. Such as, when the lawyer taking the depo asks perfuctorarily "Is there any reason why you cannot give your best testimony today?" think about it. Are you in pain? Under the influence of any meds? If anything is applicable, that's the time to say so.

Perhaps most importantly, unless your attorney takes the opportunity at the end to ask you questions a depo should NOT be taken as your opportunity to tell your story. Just answer the question. By example, if the question is "On March 1, 2008, were you in a car accident?" and the accident happened on March 2nd, an appropriate response is simply to say "no," instead of "no, it was March 2nd." MAKE THE OTHER GUY DO THE WORK. And ALWAYS give the shortest answer that is necessary to provide a full response to the question asked: don't go off on tangents or volunteer info about something that wasn't asked. And as far as telling your side of the story is concerned, I would urge you to discuss this with your lawyer in advance: sometimes it's approriate for your lawyer to follow up on the other side's questions, although that may open the door to a limited round of questions from the other side, based on your last set of responses.

If you don't understand the question - or even if you think you do but see that the question as potentially ambiguous - say "I don't understamd the question." As many times over until it is crystal clear in your mind.

Go over this with your attorney, but many lawyers will advise clients not to review documents prior to the deposition, where the question may be asked "What documents did you review in anticipation of this deposition," and then they will serve your counsel with a suppplemental request for production of documents, etc. According to this school of thought, it's fine to say "I don't remember" IF YOU DON'T REMEMBER and then when you testify at the hearing and they bring up the fact that your memory was vague on the point at the depo, you can honestly say "I later refreshed my recollection by by reading X" and by then it may be too late for the other side to get it's hands on X, if it's hasn't already been covered in a request for production of documents, or included in the notice of deposition WHICH YOU NEED TO ASK YOUR LAWYER FOR A COPY, IF YOU DON"T ALREADY HAVE IT.

If you need to take a break, say you need to take a break. And unless it's in there is a question pending, they are generally supposed to give it to you. If they get in an area in which you sense that you will need guidance from your lawyer, some lawyers will advise answering any pending question as directly as possible, and then immediately stating you need to take a break. If you just took a break 5 minutes ago, then the follow up advice would be to suggest saying, "I need to confer with my counsel." The other side won't like it, but the last time I looked at the rules (which was about 10 years ago!!!) there was nothing they could do about it, except note it at the hearing, which they might be able to do with greater effect if you played that card more than once or twice. One the other hand, I know other lawyers who would regard this as a risky approach altogether. I personally am not in a position to give you advice on this one way or another, except to say that it's something you should go over with your attorney before the deposition.

If you feel that there might be some problematic areas in your history going into the deposition, DISCUSS THEM WITH YOUR COUNSEL IN ADVANCE. (Remember what happened to Bill Clinton when the issue of Monica was raised out of the blue and his lawyer was caught flat footed, to say nothing of having lost the opportunity to knock some sense into the guy's head?)

Finally, you should note whether the notice of depo says that it is going to be videotaped. If not, and IN THE HIGHLY UNLIKELY EVENT that is included as a bonus, you may have the right to walk out, as a videotaped depo requires additional preparation with your attorney, although you obiously need to double check this with your lawyer.

And if there comes a time you are in too much pain to think clearly, say so and the depo is over for the day.

Bottom line, be a mindful listener, use "right speach" and all will be well.

Mike

PS One more thing, and the lawyer on the other side should cover this in the opening "admonitions," but remember, never guess. And while it's fine to estimate or give an approximate answer, you have to make clear that's what you are doings so that the other side won't attempt to hold you to a fixed response. As in, "Q: How many times a day does your pain prevent you from performing any task at work," an appropriate response - assuming you understood the question - might be "This is an estimate, but approximately __ times."

PPS As suggested above, none of this should be taken as "legal advice," just some common sense borne out of experience in the trenches.

[cindi1965]

WC really stinks...I'm glad I don't have to deal with them. About 20 years, I hurt my back at work and they were great. Now, I keep seeing all these horror stories and cannot believe how people are treated. My friend that I worked with for years, hurt her shoulder at work and WC was just evil to her. She finally retired, but she fought them until the bitter end in her last years as a pre-school aid....

[keep smilin]

Originally Posted by cindi1965

WC really stinks...I'm glad I don't have to deal with them. About 20 years, I hurt my back at work and they were great. Now, I keep seeing all these horror stories and cannot believe how people are treated. My friend that I worked with for years, hurt her shoulder at work and WC was just evil to her. She finally retired, but she fought them until the bitter end in her last years as a pre-school aid....

I am so incrdeibly sorry for this legal agenda..dang event..as if we don't have enough on our plates..OMG!!! x10! Mike, gave some very thought provoking facts..read that a few times just prior... I believe you and I have RSD traveling along the same paths...rt. leg.. the lft. onto lft shoulder, lft hip..and rt. jaw..I for sure feel your pain..and the thought of having to jump thru these hoops just kill me..for you!! Stand your ground and don't allow them to intimadate you..as you said you have nothing to hide but everything to defend..so you go girl..get em...i wish we could all be present in order to support you and I dare them to take legal slap shots at us, your rSD friends..we'll dog pile them!!!

When is this dance routine scheduled for???????

Hugz, Kathy

[WellLovedMom]

Originally Posted by hope4thebest

I will feel like a deer trapped in a net of questions and scrutiny, and even according to some, intimidation.....I have to take an oath as though it is suspected that I will lie.
I will be interrogated about me, my life, very personal questions...
While I have nothing to hide, i am affronted by this process..and from what I understand, the questions will be tricky to try and 'catch' me in some mistruth.
I am concerned that I will blow up in indignation.

... It is eumphemistically called a "discovery process", to find out about who I am......The true purpose, however, is to find out how much will I cost the insurance company, and what is the least amount of money they can pay for my treatment, and their future responsibility

I am certain they will ask why I don't want a spinal cord stimulator...their probable suggestion for a fast fix...

Hope4thebest

I'm so sorry you are facing this. Stress is SO HARD on my RSD, and that alone has recently set a blazing flair, so I can imagine that you too are really having a tough time. That, along with the horrid frustrations and uncertainty, since it feels like someone else is holding total control of your life, and you may feel a bit helpless. (UGH!!! I hope you understand I say this with compassion and sympathy, not to make you feel worse!!!, just know that I sure feel for you!!!)

As far as the having to take an oath, tell the truth, and them catching you in inconsistancies, my husband has crushed disks in his back from a WC injury (along with double carpel-tunnel) so I've sat beside him at one of these things. His solution to the fear of not being able to stay 100% consistant due to their "little traps" was to make a BRIEF statement at the beginning of the RECORDED part that he is currently taking the "perscribed medication for the pain" and that due to the medication, and the pain, he experiences some brain fog, which could affect his statement, but that he would of course tell the truth, and do his best to work through the deposition.

Of course do what makes YOU comfortable, but he felt that this covered him in case he did get lost due to the pain and stress and fall into one of their "trick" questions.

As far as them pushing you toward an INVASIVE procedure, it is reasonable for you to decline ANYTHING that would involve surgery. It’s your body, and while they may decline to pay for the best options of treatments (as it seems they often do), you do not need to accept having anything done to you that you do not agree with. You shouldn’t state any reasons, but leave it as simple as “that is not an option for me at this time.” (That way if YOU change your mind you’re covered, and you haven’t given anything for them to use to argue about.

I wish you luck, and please let us know how it goes! (If you need to vent a bit more, that’s ok too. Sometimes we all need a good vent.)

[olecyn]

May I chime in & add to these FABulous suggestions here??

1. “THAT IS NOT AN OPTION FOR ME AT THIS TIME.” or I need to do more reasearch on this procedure to make an informed decision. My personal responses have always been...I am not ruling it out at this time. Never say never or I dont want to do that. Down the road you may. If the defense keeps asking the question over & over or re-wording be percise in your answer and say again, I dont know, I'm not sure.

2. Love MAKE THE OTHER GUY DO THE WORK statment. Just as you would in an interview...you interview them. You control the interview in your professional demeaner. And always polite.

3. TANGENTS or running on. We all have stories to tell & we want this to be "our" time to tell it. Unfortunately, a deposition isnt the time.

4. UNCLEAR questions: Ask questions if you dont get where the opposition is going. Be careful of reading into the question then doubting yourself. "Can you repeat the question, I dont understand the question". Answer simply, logically & honestly of course.

5. BREAKS, moving, being comfortable: I learned after the 1st depo to move, be comfortable, breathe & meds if needed. I had no idea, I was scared, I was intimidated & made myself absolutely sick in a flare for weeks after my 1st depo. Avoid this by getting up moving, moving a chair to prop up your leg or arm(s), standing up against the wall & moving. And break. Take the breaks whenever needed as many as needed. I took ice packs which keeps my TOS swelling down the 2nd time. And always, always ask for water, for cooler air, warmer air, take your pillow(s) for comfort for YOUR needs.

6. MEDS: You want to go in with a clear mind to be in control. If you take meds, take your meds but not additional for the depo. When you take a break & you need more meds, tell your attorney, k? The opposition will ask you what medication you took that day & what you take every day.

*Be yourself, be honest, sink into the chair & keep breathing. Yes, this is the enemy however, it is your time to shine as a professional patient in your condition. Nobody knows your condition & how your body feels better than you! The first one is always feared. However, you have control, you have the knowledge. The opposition is only going by drawer full of reports & records. You will have the opportunity to review your depo & make any changes if needed.

I'll tell you a story of my 2nd depo...I have had TOS CRPS & a list of other diagnosis since 2000. Well, right in the height of all the legal "ish" I developed cancer. Yep, as if. 2 weeks, yes 2 weeks after my last chemo I had to appear. It was dumb, stupid & made me angry. How dare they. Well guess what the very 1st questions out of the defense attorney's mouth was? "I understand you (he couldnt phrase it correctly several times) you have/had cancer and chemotherapy? What is your prognosis?" I was devastated, I was so flippin' angry & in a split second I visualized reaching across the table as my arm stretched out like a cartoon with a big white glove to strangle the guy. Looked at my attorney, looked at my employers HR coordinator, the court reporter then back directly in his eyes & said, "I'm just fine & have a lifetime ahead of me." never blinking or taking my eyes off of him. He stopped there. Then I cried & took an immediate break. So, moral of the story is they are paid to be hostile & uncaring. Fine, that is the profession you have chosen. You are insignificant to me.

Its ok, it will ALL be ok and you will do great!