FAQs
How do I report a claim?
Depositions
National Practitioner Databank
Depositions
Q: What is a deposition?
A. A deposition is testimony taken outside of court but under oath in the presence of a court reporter. Also present will be the lawyer representing each party. Generally, an opposing party will begin the questioning, but other lawyers may ask questions as well. These questions and answers are recorded by the court reporter, using a special machine. The transcript of the deposition may be used in court.
A few things to consider before going to a deposition:
- Review all materials including prior testimony, written statements, medical records, notes or writings of any sort made by you in this case.
- Confirm time and place of the deposition.
- Arrive on schedule.
- Dress should be conservative and professional. (Women should wear suits or conservative dresses. Men should wear coat and tie.)
- Be clear-headed and relaxed. Arrive at the deposition having had plenty of sleep; a proper meal; and being free of drugs, including too much caffeine.
Guidelines for the deposition:
- Tell the truth.
- Do not volunteer guesses, opinions or rumors.
- Answer only the questions asked. Be brief. Clearly state what you actually recall seeing, hearing and experiencing.
- Listen carefully to the entire question. When the questioner is finished, pause and give a thoughtful, clear and brief answer.
- Do not begin talking before the other person has finished.
- If you don’t understand the question, ask the questioner to repeat it. If it is still unclear, explain that you are unable to answer.
- Questions can be asked that are clearly outside of your knowledge and/or memory. If you cannot remember, say so. If you are unsure, qualify your response by saying “approximately,” “probably” or “to the best of my recollection.”
- Unless you are absolutely sure of the exact number, distances, amounts, or time, give an estimate. Say you do not know if you cannot be reasonably accurate.
- You can ask to look at documents, pictures or charts relevant to the case.
Interrogatories
Q: What are interrogatories?
A: Interrogatories are written questions to be answered under oath.
National Practitioner Databank
Q. What is the National Practitioner Databank (NPDB)?
A: The NPDB was established as an information clearinghouse, to collect and release certain information related to the professional competence and conduct of physicians, dentists and, in some cases, other health care practitioners. The information contained in the NPDB is intended to direct discreet inquiry into, and scrutiny of, specific areas of a practitioner's licensure, professional society memberships, medical malpractice payment history, and record of clinical privileges.
Q: What is reported to the National Practitioner Databank?
A: Each entity that makes a payment for the benefit of a physician, dentist, or other healthcare practitioner in settlement of, or in satisfaction in whole or in part of, a claim or a judgment against that practitioner must report the payment information to the NPDB. A payment made as a result of a suit or claim solely against an entity (for example, a hospital, clinic or group practice) and that does not identify an individual practitioner is not reportable.
Eligible entities must report when a lump sum payment is made or when the first multiple payment is made. Medical malpractice payments are limited to exchanges of money and must be the result of a written complaint or claim demanding monetary payment for damages. The written complaint or claim must be based on a practitioner’s provision of a failure to provide healthcare services. A written complaint or claim can include, but is not limited to, the filing of a cause of action based on the law of tort in any state or federal court or other adjudicative body, such as a claims arbitration board.
Please refer to www.npdb-hipdb.com for more information.