Deposing and Cross-Examining Medical Experts: Practices and Strategies to Obtain Favorable Testimony

Edward R. Blumberg | Deutsch Blumberg & Caballero P.A.

Edward R. Blumberg has served as President of the Florida Bar, as a member of the Board of Governors of the Florida Bar, and as a member of the House of Delegates of the American Bar Association. He has chaired and served on countless professional committees and groups and provides continuing legal education lectures to lawyers. He is also the Chairman of the Board of the National Judicial College. He has been continuously certified and re-certified in civil trial law by The Florida Bar and The National Board of Trial Advocacy. He routinely handles extremely large and complex cases to a successful conclusion.

Current Professional Activities:

• Board Certified in Civil Trial Law by National Board of Trial Advocacy (currently re-certified)
• Board Certified in Civil Trial Law by The Florida Bar (currently re certified)
• Deutsch Blumberg & Caballero, P.A., President and Member
• Member of the Board of Trustees of the National Judicial College (Chair-2023)
• Member of American Board of Trial Advocates
• Continuing Legal Education Lectures to Medical, Dental and Legal Groups on Professional Matters –more than 50. The most recent one was the Mock Trial Presentation for lawyers, judges and law students for St. Thomas University School of Law on September 26, 2024
• Fellow of the American Bar Foundation
• Member of the Miami-Dade County Bar Association
• Member of the Florida Justice Association
• Member of the American Association for Justice
• Member of “Lawyers Advising Lawyers” Program of The Florida Bar (provides practice advice to young lawyers)
• College of William & Mary Law School Alumni Ambassador
• Member of the Board of Directors of Coral Gables Trust Company; Member of Audit Committee

Awards:

• Miami-Dade County Bar Association Circle of Excellence Award for Personal Injury
• Court Care Hall of Fame
• Anti-Defamation League Miami Jurisprudence Award
• International B’nai B’rith Great American Traditions Award
• Guardian of the Constitution Award presented by The Florida Law Related Education Association, Inc

Professional Listings:

• AV Rating by Martindale-Hubbell
• Listed in Best Lawyers in America, 2003 to Present
• Listed in Florida Super Lawyers, 2006 to Present
• Listed as Top Lawyers in South Florida Legal Guide, 2007 to Present

Session I – Mastering Depositions: Strategies for Success in Shaping Your Case | 2:00pm – 3:00pm

• Importance of Depositions
  • Role in shaping the case and influencing trial outcomes
• Preparation and Strategy
  • Developing a clear plan for the desired outcome, including identifying internal weaknesses and establishing achievable goals
  • Pre-deposition preparation: gathering necessary documents and background information
• Understanding the Medical Context
  • Reviewing medical records to understand the diagnosis and prognosis relevant to the case.
  • Medical research and consultation with relevant work-product experts
• Utilizing Reliable Resources
  • Researching the witness’ qualifications, knowledge, and professional affiliations
  • Using legal research tools to uncover prior testimonies and publications
  • Looking beyond impressive credentials to assess the expert’s true capabilities
• Identifying the Expert’s Opinions
  • Understanding the basis for the expert’s opinions
  • Discovering supporting facts or opinions that may aid your case
  • Exploring potential biases and inconsistencies
• Effective Questioning Techniques
  • Employing a questioning style that emphasizes precision and control
  • Using active listening to guide the deposition

Break | 3:00pm – 3:10pm

Session II – Pretrial to Trial: Navigating Cross-Examination with Precision and Confidence | 3:10pm – 4:10pm

• Pretrial Preparation
  • Preparing specific strategies for the cross-examination phase
  • Reviewing the deposition to identify key points for cross examination
• The Execution of Cross-Examination
  • Implementing your plan effectively, focusing on controlling the narrative
  • Utilization of the witness to reveal weaknesses in their testimony
• Challenging the Medical Expert
  • Using techniques to challenge the expert’s purported specialty
  • Leveraging the expert’s prior deposition to strengthen your position
• Strategic Approaches
  • Finding weaknesses in the expert’s testimony for targeted questioning
  • Knowing your limits and adjusting your approach as needed
• Utilizing Your Own Expert
  • Integrating insights from your own medical expert to counter the defense’s claims
• Final Execution Tactics
  • Narrowing the witness’ availability to self-aggrandize
  • Ensuring clarity and conciseness in questioning to enhance impact