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

Edward R. Blumberg
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.

Re-Broadcast: December 5, 2024
This class is included in the myLawCLE All-Access Pass

Subscribe to myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

2 hour CLE
Tuition: $195.00
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I - Mastering Depositions: Strategies for Success in Shaping Your Case – Edward R. Blumberg

Depositions play a critical role in shaping legal cases and can significantly influence trial outcomes. Thorough preparation is vital, including the collection of necessary documents and background information, which lays the groundwork for a focused deposition. In this session, we’ll explore effective strategies for preparing for depositions, including how to identify weaknesses in your case and set clear, achievable goals.

Key topics to be discussed:

  • Importance of Depositions
  • Preparation and Strategy
  • Understanding the Medical Context
  • Utilizing Reliable Resources
  • Identifying the Expert’s Opinions
  • Effective Questioning Techniques

Session II - Pretrial to Trial: Navigating Cross-Examination with Precision and Confidence – Edward R. Blumberg

Cross-examination is a vital tool in the litigation process, as it not only tests the credibility of witnesses but also allows attorneys to control the narrative and expose inconsistencies that can significantly impact trial outcomes. Pretrial preparation sets the stage for a successful cross-examination by developing targeted strategies and thoroughly reviewing depositions to pinpoint key areas of focus. When challenging medical experts, it's crucial to employ techniques that leverage their prior depositions and writings using their own words against them to bolster your argument.

Key topics to be discussed:

  • Pretrial Preparation
  • The Execution of Cross-Examination
  • Challenging the Medical Expert
  • Strategic Approaches
  • Utilizing Your Own Expert
  • Final Execution Tactics

Date / Time: December 5, 2024

  • 2:00 pm – 4:10 pm Eastern
  • 1:00 pm – 3:10 pm Central
  • 12:00 pm – 2:10 pm Mountain
  • 11:00 am – 1:10 pm Pacific

Closed-captioning available

Speakers

Edward R. Blumberg_myLawCLEEdward 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

Agenda

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

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Preview
More CLE Webinars
Trending CLE Webinars
The Corporate Transparency Act Reporting Obligations
The Corporate Transparency Act Reporting Obligations
Law Offices of Jonathan H. (Jason) Warner, P.A.
On-Demand
IRS Penalty Abatement Made Easy
IRS Penalty Abatement Made Easy
Green & Sklarz, LLC
On-Demand
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Mon, December 30, 2024
On-Demand
Live Replay
Lawyers Serving on Boards
Lawyers Serving on Boards
Howard Brod Brownstein, CTP.
Essential Accounting Principles Every Attorney Should Know
Essential Accounting Principles Every Attorney Should Know
LaPorte CPAs & Business Advisors
On-Demand
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Trial Lawyers for Justice, Hanker Law PC
On-Demand
Tax Opportunity Zones (2024 Edition)
Tax Opportunity Zones (2024 Edition)
Blank Rome LLP
On-Demand
Litigating Libel and Defamation Cases
Litigating Libel and Defamation Cases
Callahan & Blaine, APLC.
On-Demand
Will Drafting 101 (2024 Edition)
Will Drafting 101 (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Upcoming CLE Webinars
Using Self-Collection Tools to Gather ESI
Using Self-Collection Tools to Gather ESI Wed, December 4, 2024
Live Webcast
Law Firm Automation Meets AI: A match made in heaven?
Law Firm Automation Meets AI: A match made in heaven? Thu, December 5, 2024
Live Webcast
Tools for Managing Vicarious Trauma in Practice
Tools for Managing Vicarious Trauma in Practice Thu, December 5, 2024
Live Webcast
Wine, Spirits and Beer Law 101 (2025 Edition)
Wine, Spirits and Beer Law 101 (2025 Edition) Fri, December 6, 2024
Live Webcast
Playing Defense at 30(b)(6) Depositions (2024 Edition)
Playing Defense at 30(b)(6) Depositions (2024 Edition) Fri, December 6, 2024
On-Demand
Live Replay
4th Annual Tax Rep Summit [4-Day Event]
4th Annual Tax Rep Summit [4-Day Event] Tue, December 10, 2024
Live Webcast
Cannabis Law: Taxation, M&A, and Compliance Strategies
Cannabis Law: Taxation, M&A, and Compliance Strategies Wed, December 11, 2024
Live Webcast
Supercharging Your Transactional Practice with GenAI
Supercharging Your Transactional Practice with GenAI Wed, December 11, 2024
Live Webcast
Negotiating Financing and Investment in Cannabis
Negotiating Financing and Investment in Cannabis Thu, December 12, 2024
Live Webcast
Fraudulent Transfers Uncovered (2025 Edition)
Fraudulent Transfers Uncovered (2025 Edition) Thu, December 12, 2024
Live Webcast
Esports Law 101 (2025 Edition)
Esports Law 101 (2025 Edition) Fri, December 13, 2024
Live Webcast
Dividing Military Pensions (2025 Edition)
Dividing Military Pensions (2025 Edition) Mon, December 16, 2024
Live Webcast
Common Cyber Threats and How to Reduce Risk
Common Cyber Threats and How to Reduce Risk Wed, December 18, 2024
Live Webcast