law rights & civil resource

posted by admin on Feb 1

21

1 Q Do you use the K.K.stationery

2 when you write your reports?

3 A Yeah.

4 Q Who types up your reports, sir?

5 A I generally do. It depends if — if I’ve

6 seen a patient, and it’s, you know, an official — part

7 of the official seeing a patient, then it’s typed up by

8 the medical records department; otherwise, I type them.

9 I type most –

10 Q Where do you type your reports?

11 A I type them in — on my computer in my

12 office or sometimes at home.

13 Q Where did you type this report?

14 A I’m not sure.

15 Q So when you sometimes type your reports at

16 your computer at your office, are you using

17 K.K.resources then?

18 A Yeah, but the electricity it consumes

19 probably is minuscule. And I work long hours, so it’s

20 not as if I’m detracting from the workday. I pretty

21 much work seven days a week.

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1 Q And during the workday, you’re working on

2 your medical-legal cases, correct?

3 A No. Generally I would do it at night or

4 weekends.

5 Q You work on your medical-legal cases at

6 night or on weekends?

7 A Yeah, generally.

8 Q Are those conference rooms at

9 K.K.available to use at night or weekends

10 if you’d want to schedule something, sir?

11 A Very seldom. You mean depositions? Would

12 you like to — you mean you’d like to schedule them at

13 night or weekends?

14 Q Sir, isn’t it a fact you’re embarrassed to

15 hold a deposition at K.K.even on a night or

16 a weekend?

17 A No, I’m not embarrassed at all. The –

18 it’s inconvenient, and it inconveniences other people.

19 And I say the main — if attorneys could work within a

20 definite time frame, like in a normal business day,

21 then it would be no problem, but generally — for

23

1 example, I have no idea as I sit here today how many

2 hours you’ll want to continue this. And if — you

3 know, it’s a way of exerting pressure. So you might

4 say, well, we’ll still be here at ten o’clock tonight,

5 and if that’s the case, then I can accommodate you, but

6 if I were at K.K., there would be people

7 knocking at the door wanting to know why I was keeping

8 the conference room occupied.

9 MR. J.: Okay. I want a continuing

10 objection. Zeev, you know, the rules in Ohio say that

11 the purpose of this deposition is really to discover

12 the facts that he’s aware of, and the opinions that he

13 holds. This hardly has anything to do with it. It’s

14 more appropriate for cross-examination at court, if at

15 all. So you’re sort of out of the bounds of what the

16 nature of this discovery process is in the state of

17 Ohio. I know you’re in Israel, and that you practice

18 also out of W., but maybe the rules are a little

19 different.

20 MR. GERSHON: Well, we’re about to wrap

21 this up, but I do have a couple other questions based

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1 on what the doctor said.

2 Q Doctor, you just announced you don’t know

3 how long this deposition is going to be, correct?

4 A Right. You could — you could go on

5 forever, and you might well as far as I know.

6 Q Sir, I have deposed you over a dozen times.

7 Isn’t it fair you know the deposition has never gone

8 beyond two hours?

9 A Yeah, it could be, I think, but you have a

10 certain –

11 MR. J.: Okay. You don’t have to

12 argue with this. That’s a rhetorical question. Let’s

13 just get to the meat of the case if we could, please.

14 Q Okay. Sir, did you tell defense counsel

15 when you sent them the articles in the December 27th

16 letter and by fax in Month year not to forward those

17 articles to plaintiffs’ counsel?

18 A No.

19 MR. J.: Let the record show I’m not

20 required to turn over articles I get to you. I’m

21 required to turn over the report that I get. In Ohio,

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1 I don’t know what the rule is here.

2 MR. GERSHON: Well, we’re going to have to

3 debate that, because if he sent the articles the same

4 time as the report, I think you have an obligation to

5 send it over. And certainly we were taken by surprise

6 by those two articles.

7 MR. J.: Oh, baloney. You know those

8 articles, number one. Number 2, they weren’t sent at

9 the same time as it appears now that we look at the

10 fax, and they were sent to my nurse for informational

11 purposes. So, you know, let’s get on with this.

12 Q Sir, from your report, it appears that

13 Mr. J. had asked you a question concerning the

14 contribution of the interval when Dr. P. was involved

15 in the case to the child’s neurological condition,

16 correct?

17 A Yes.

18 Q Now, you mentioned in your report you’ve

19 given some thought to the question. How much time of

20 these six hours that you reviewed all the material in

21 this case you told me about did you give some thought