FEWER BACKGROUND Q’S, PLEASE 

Lawyer(L) took the deposition of a physician in a tobacco liability case. He was an oncologist.  This happened not long ago.  I do not know whether the deposition was being video-ed. 

L took the deposition for 5 hours. A Florida trial judge chastised him a few days ago for wasting time and to asking too many questions about the doctor’s history.  It appears to be that the doctor-witness had been a physician of the decedent.  Why on earth would it be reprehensible for L to explore the history of the doc-witness if he was going to appear as an expert witness? I remind the reader that this was a wrongful death case.  

What I say is based only on a news paper account only, but it is not uncommon for doctors of patients who are appearing as expert witnesses not to testify at trial. This makes their depositions the only source of testimony for the jury.  

It would therefore be a good idea for either the lawyer for the plaintiff or the lawyer for the defendant or both to want to know a good deal about this doctor’s history.  

I certainly hope there is something her I don’t know.