law rights & civil resource

posted by admin on Feb 1

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1 to that question?

2 A I would say — I would say that most of

3 those six hours were occupied with thought about this

4 general question.

5 Q Okay. I’d like to test your understanding

6 of the facts of this case since you’re giving an

7 opinion about Dr. P.’s involvement. When did

8 Dr. P. first get involved with this child, what time?

9 A I’m not sure of the exact time, but I know

10 that the — I think the patient went to ultrasound

11 around 11:33, and I think the ultrasound itself took

12 from about 11:38 to 12:06. And then Dr. P. then I

13 know gave a wet reading and wrote that down and sent

14 that back to the floor with the patient, and I think

15 the patient reached the floor about 12:51.

16 Q Are you finished your answer?

17 A Yes.

18 Q Okay. So would it be fair to say you do

19 not know exactly the time Dr. P. was involved with

20 this patient?

21 A Right. You mean the exact time he was

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1 involved? No. I just know the time that the

2 ultrasound was being done in the radiology department.

3 Q Okay. So as best you can say, Dr. P.

4 first became involved with the patient sometime after

5 12:06, and ended his involvement sometime before 12:51,

6 correct?

7 A Well, I don’t know that — I don’t know if

8 he was involved before the ultrasound was being done,

9 but I know that certainly after it was done, he was

10 involved with interpreting it. And, presumably, he was

11 over — he was finished by 12:51.

12 Q Okay. So you don’t even know a range of

13 time when Dr. P. was first involved, whether it was

14 before 12:06 or first after 12:06, correct?

15 A Right.

16 Q Okay. Concerning the time of the placenta

17 previa and slow heart rate, what time was the placenta

18 previa and slow heart rate documented on the

19 ultrasound, in your opinion?

20 A That was between 11:38 and 12:06.

21 Q And you can’t do any better than that, can

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1 you?

2 A That’s as good as I can do, yeah.

3 Q Okay. Tell me, sir, based upon your

4 understanding of the facts, how long was the slow heart

5 rate present?

6 A I’m not sure exactly how long it was.

7 Q Well, you know you don’t have to be sure

8 about anything, but I’m sure going to pin you down

9 anyways. How about with a reasonable degree of medical

10 probability, how long was that slow heart rate low?

11 MR. K.: I just want to object and move

12 to strike some of the comments that are made before the

13 questions.

14 Q You can answer.

15 (Discussion was held off the record.)

16 Q Sir, the question is, in your opinion, to a

17 reasonable degree of medical probability, how long was

18 that slow heart rate?

19 A Well, I’m not sure exactly how long it was.

20 I wouldn’t want to — want to guess.

21 Q And you don’t want to give an answer with a

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1 reasonable degree of medical probability either,

2 correct?

3 A Yeah. I mean, if I’m not sure, I don’t

4 think I should. I know it was documented that the

5 heart rate was very low.

6 Q Okay. You do understand, though, when you

7 give medical-legal depositions, you don’t have to be

8 sure about anything; you just have to hold opinions to

9 a reasonable degree of medical probability, correct?

10 A Right. Well, we know through a reasonable

11 degree of medical probability that the heart rate was

12 very slow, was documented to be slow.

13 Q Okay. Even though you have no idea how

14 long a period of time the heart rate was low, do you at

15 least know the number of the low heart rate?

16 A It was between 68 and 87.

17 Q Do you know, sir, within a reasonable

18 degree of medical probability, how many times was the

19 heart rate documented to be low?

20 A No, I’m not sure.

21 Q And, again, you don’t have — know even

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1 with a reasonable degree of medical probability,

2 correct?

3 A Well, you mean how long it was? No.

4 Q How many times it was low. You do not know

5 with a reasonable degree of medical probability,

6 correct?

7 A Well, I’d have to — I haven’t reviewed the

8 ultrasound itself, so I’d have to go to that to find

9 out, but –

10 Q You could do that. I’m not prohibiting you

11 from looking at anything you want now, sir.

12 A Well, I don’t think I could interpret it

13 very well.

14 Q Okay. Do you know, sir — this 68 to 87,

15 do you know when either number occurred first between

16 11:38 and 12:06?

17 A No.

18 Q Do you know, sir, if either number was

19 associated with a deceleration as opposed to a

20 bradycardic period?

21 A I’m not sure what you mean.