Cross-Examination of the Negative Defense Medical Examination Physician

(2604 Ratings)

Produced on: March 28, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 121 minutes
Difficulty Intermediate

In a personal injury lawsuit, the defendant's insurance carrier will invariably hire litigation doctors on its behalf to examine the plaintiff. This is done in order to have a professional witness testify at trial for the purpose of assisting in the defense of the case with respect to minimizing the damages suffered by the plaintiff. These "hired guns" will opine that: the plaintiff did not sustain any injury as a result of the subject incident and/or has made a complete recovery. These highly paid witnesses are usually experienced and skilled at convincing a jury of their "expert" opinions.  

 

This course is designed to teach the plaintiff's attorney how to use the adverse party expert that performed the Insurance Medical Examination [IME] to help prove the plaintiff's case, and undermine these negative opinions and attack the credibility of this witness.   

 

Learning Objectives: 

I.     Know the structure, elements and style of an effective cross-examination 

II.    Gain familiarity with a typical negative IME and how to win a significant plaintiff's verdict by using specific techniques

III.   Learn actual questions/answers from real cases  

IV.   Illustrate the power of a "positive" cross-examination and how and when to impeach the witness and show their bias

 

Faculty

Robert J. Genis

Sonin & Genis

Robert J. Genis, Esq. is a senior and founding partner in the law firm of SONIN & GENIS, ESQS.  Bob is a trial attorney specializing in seeking compensation for the families of people killed or seriously injured as a result of negligence, medical malpractice and products liability cases in the State and Federal Courts of New York and New Jersey, Federal Court of Connecticut, and has litigated cases in a number of other states.

Bob achieved a verdict in a negligence case that was listed as one of the top jury verdicts of the year in the USA and New York, and the following year as one of the top medical malpractice settlements of the year in the National Law Journal, the New York Law Journal, New York Magazine and ALM Verdictsearch, and has obtained numerous multi-million dollar verdicts and settlements, is a Lifetime member of the Million Dollar Advocates Forum, and has been inducted into the Super Lawyers and The National Trial Lawyers: Top 100 Trial Lawyers.  Bob was awarded the only “Lawyer’s Lawyer” award from the Bronx County Bar Association, and received the Distinguished Leadership Award from the Jewish Lawyers Guild.

He has successfully represented numerous victims of negligence, medical malpractice, lead poisoning, construction accidents, premises and vehicular accidents, elevators/escalators accidents, police brutality and false arrest, municipal wrongdoing, and other significant injuries.

In addition to trying cases, Bob is a past Associate Editor of the National Trial Lawyer magazine and Past Editor in Chief of the Bronx Bar Journal, The Advocate, and has been published in those journals as well as the New York Law Journal, where he has been a frequent contributor, as well as the New York State Trial Lawyers Quarterly, New York State Trial Lawyers Bill of Particulars, the Queens Bar Journal and the Insurance, Negligence and Compensation Law Section Journal of the New York State Bar Association. Some of his articles have been cited in McKinney’s and other treatises. Bob was appointed a Trustee of the Law Library for the Supreme Court of the State of New York, Bronx County Courthouse.

Bob is a long time Director and active member of the New York State Trial Lawyers Association, and has served on its Legislative Affairs, Amicus and other committees; Past Vice President of the Jewish Lawyers Guild; a Director of the Bronx County Bar Association; a past Director of the Bronx Women’s Bar Associations; a past Secretary of the Tort Litigation Committee of the Association of the Bar of the City of New York.  He has served on the Judicial Screening Committees of various bar associations and the Independent Democratic Screening Committee. His bar association memberships include the New Jersey Association for Justice, the Connecticut Trial Lawyers Association, and the American Association for Justice.

Bob has taught, chaired and moderated numerous CLE programs on a national and statewide level. Nationally, he has taught classes for the American Association for Justice[formerly Association of Trial Lawyers of America] at their National Annual Convention, for the New Jersey Association for Justice at their Statewide Conventions, at the National E-Litigation Summit, and online for Lawline.com, the National Academy of Continuing Legal Education, and OnlineCLE123.com. In New York, he has lectured extensively for the New York State Trial Lawyers Association, has Chaired its annual Evidence Seminar and taught at its Decisions Seminar for over a decade, and has also Chaired programs and lectured for the New York State Bar Association, the Association of the Bar of the City of New York, the New York County Lawyers Association, the Bronx County Bar Association, the Bronx Women’s Bar Association, Bronx Black Bar Association, Bronx Criminal Bar Association, and the Orange County Bar Association, on numerous topics relating to wrongful death and personal injury and medical malpractice litigation.

Bob is admitted to practice law in the State and Federal Courts of New York and New Jersey, the Federal Court of Connecticut, the U.S. Federal Court of Appeals for the 2nd Circuit, and has been admitted pro hac vice into the State and Federal Courts of a number of other jurisdictions.

Bob has handled numerous high profile cases that have attracted national and international media attention on TV, radio, newspapers and the internet, including his pro bono representation of Teron Francis, where he was able to change the law in New York State to allow the family and not the hospital decide when to terminate life support.

Bob is a graduate of the Syracuse University College of Law.

Reviews

YR
Yasmine R.

Excellent presenter just excellent

EP
Edward P.

This was truly a superb course; I cannot recommend this course highly enough. It is thorough, practical, and insightful.

KL
Kathleen L.

This was very useful. One of the more interesting lectures.

LL
Lois L.

Interesting and good orator

JG
Jeremy G.

Excellent very talented GET HIM TO DO MORE COURSES

BH
Brittany H.

Very interesting!

DF
David F.

excellent

NN
Nina N.

Best of the cross examination courses I’ve taken.

TM
Timothy M.

Very good presentation... I would argue it is must for insurance defense counsel to watch... makes you think of doctor selection.. steps you can take to strengthen IMEs... doctor preparation.... gives you an idea on areas you should vet with the doctor to avoid surprises...

DB
Donald B.

Excellent

JD
James D.

that was one of the best presentations I have ever watched. I will actually watch it again as I prepare for an upcoming trial!

JC
John C.

Great program.

MR
Michael R.

informative speaker with great practical tips

JF
James F.

EXCEPTIONAL course, very valuable for Workers' Compensation cross-examination of IMEs, fantastic suggestions and references.

IK
Iole K.

Excellent

JL
James D L.

very useful

JF
Jenifer F.

Great techniques shared, thanks!

EF
Edward F.

Excellent. Highly informative. Compelling.

OA
Owolabi A.

The best presentation. The very best. Can be used for any casei in any country and legal proceeding. Certainly, the mode of asking question by Mr. Genus is simple, yet powerful. Would recommend.

TR
Theodore R.

Simply the best, a cut above the rest

MS
Mark S.

This was an amazing lecture. It may very well be the best I ever seen, in 24 years of practice.

SB
Saadya B.

Rockstar lecture!

TT
Timothy T.

One of the better instructors.

RP
Robert P.

One of the very best Lawline programs I've seen - just masterful.

WW
Wendy W.

Enjoyed this class. Well presented, I appreciated the line of questioning examples. They made the content interesting.

GS
Gail S.

This was the best course I have taken on Lawline.

EK
Erica K.

Great!

DE
Darren E.

Excellent

CM
Chandra M.

Excellent!!!

NP
Nadine P.

Excellent! Very informative!

GM
Georgia M.

The attorney was definitely knowledgeable, likeable, engaging and clear, however the insurance company-retained physician examples he used were, frankly, very biased (eg 100% defense work), unethical, kicked out of medical board, and eminently impeachable (conflicting testimony in past depos). I'm used to working with physician experts who are more balanced, from USC Keck School of Medicine, or Cedars Sinai, or UCLA- retained as experts by defense firms- where they can't pull those stunts and wont be retained by defense. However- all the war story tips for cross were very good and need to be shared.

HW
Helena W.

Tremendous insights and great closing ..no consequences to Defendants ... !!

RL
Robert L.

The instructor did a great and interesting presentation.

JK
John K.

Excellent!

KC
Kristine C.

Excellent presentation and excellent use of cross examination technique throughout

RS
Ronald S.

This was far and away the best CLE I have watched on Lawline!

ST
stephen t.

Get more from Bob Genis

CE
Corey E.

Thank you

CA
Craig A.

So entertaining and knowledgeable. Great topic, great speaker.

MS
Michael S.

good med mal intro

DC
Daniel C.

good speaker

LS
Lee S.

Wonderful talented speaker did a great job

BR
Bruce R.

Masterful presentation

SM
Susan M.

Fabulous!

MW
Michael W.

Best lawline course I've taken. Good, practical information

MH
Margaret H.

Excellent program. Great examples and technique.

BH
Bill H.

great lawyer. obviously has tried a bunch of cases

RR
Ryan R.

I appreciate that the presenter did a mock examination and explained the logic of each question.

AN
Atousa N.

Thank you very much! Wonderful speaker!

FJ
Frederick J.

Awesome speaker and very knowledgeable regarding his subject matter.

DR
Deanna R.

Excellent program, very helpful.

SH
Steven H.

Faculty clearly has a lot of experience in this field - easy to understand.

VP
Veronica P.

Great lecturer. Kept the attention and provied excellent insights

KL
Kirk L.

great

CC
Charles C.

Excellent Course

MS
Martin S.

Great presentation. Thank you.

CN
Christopher N.

Great program for cross examination.

EW
Eric W.

Great presenter.

GG
Grant G.

Outstanding presentation. Best I have seen on lawline

BO
Brian O.

Excellent job. Lots of inside baseball. I do this for a living and I picked up a few things

GB
Gary B.

One of the best speakers Lawline has!!

KT
Kristin T.

Excellent content. Very interesting speaker.

CM
Claire M.

Good program

ZB
Zaara B.

good

JS
Julia S.

Excellent!

DV
Diego V.

Excellent presentation on the subject matter. Top Notch.

KB
Kevin B.

Super.

JD
James D.

The lecturer was lights out awesome. I hope you have more programs from him.

DR
Dan R.

Excellent and powerful presentation!

PS
Paul S.

One of the most informative, well constucted, practical and useful CLE courses i have taken in my over 40 years of practice. Very well done. The presenter is an excellent teacher. Than you for taking the time to present this course.

ES
Elliot S.

Just great.

BD
Benjamin D.

good

TC
Thomas C.

Outstanding

SW
Steven W.

One of lawline's best programs

KG
Kimberly G.

Great speaker.

MK
Michael K.

Best speaker yet

AW
Allen W.

Excellent presentation; best one I've seen yet (and I've seen many)

TC
Tony C.

Really enjoyed this program - I intend on watching it multiple times to review. One of the best cle videos that I have watched. Thank you.

DR
Derrick R.

Mr. Genis gave a fabulous and informative lecture. Thank you.

JL
James L.

One of the best CLE courses on trial advocacy I have seen. Bob is an excellent attorney.

JK
Jason K.

Great

SO
Stanley O.

Excellent course. Excellent materials, examples,presentation and insights

MK
Mark K.

This was an excellent presentation.

DP
David P.

Robert Genis is obviously a dedicated trial attorney who has mastered his art; who gives tips and a practical outline for the hostile defense doctor cross examination. Well worth the time, even if you don't practice in New York.

DT
David T.

An awesome tour de force. Useful info for many situations beyond cross of defense medical expert.

RB
Ronald L. B.

great program and presentation

AG
Arthur G.

Excellent trial techniques!

CH
Cheryl H.

Bob Genis was excellent

DR
Dane R.

This speaker is a fabulous trial tactician and strategist. Fabulous course. Bravo!

GB
Gregory B.

I don't do any PI work, but the methods illustrated could be used with any expert. I plan to review this before my next cross of an expert. Good stuff.

SH
Susan H.

Excellent information about outside sources to find impeaching evidence, and how to use it effectively

HD
Houman D.

One of the Best Courses and Speakers on Lawline!

GG
Gary G.

Great thank

JW
James W.

Well organized.

RB
Robin B.

Rob Genis' enthusiasm for trial work and this material is obvious. A pleasure to watch and he has a great sense of humor!

RD
Robert D.

Excellent and helpful presentation

AK
Alex K.

Interesting material.

JC
john c.

Excellent presentation.

DG
David G.

Very good!!

NB
Nelson B.

really good course

KY
Karen Y.

Very interesting CLE.

DL
Douglas L.

One of the best presentations I have seen. Good practical and strategic advice.

LG
Lawrence G.

Mr. Genis was stellar. Very informative, very entertaining.

SR
Suzin R.

Speaker was excellent

MM
Michael M.

This is an outstanding presentation.

TG
Terri Weatherby G.

Wonderful presentation. Many helpful tips for dealing with the defense doctor.

EP
Evan P.

One of the best speakers on cross examination I have had the pleasure of listening to in over 35 years as a lawyer.

MT
Mo T.

Fantastic presentation by an obviously knowledgeable and effective lawyer. Empowering presentation.

TN
TOLLIE N.

Well done

ST
Salvatore T.

intersting

MA
michael a.

Very good suggestions for any trial lawyer.

AY
Andrew Y.

EXCELLENT

BF
Bradley F.

nice first experience

WA
William A.

Presenter gave great examples.

RB
Robyn B.

BEST PRESENTATION OF THE 24 CREDITS IN LITIGATION PACKAGE. iT WAS THE LAST ONE FOR ME OF MY 24, SAVE THE BEST FOR LAST.

DO
Diane O.

I wholeheartedly agree with the other commenters....outstanding presentation. Great speaker who presented very informative material in an interesting manner.

ML
michael L.

great

AT
Adam T.

Great presentation. His knowledge, tips and tricks will be used almost immediately and helped me quite a bit in an area I have always encountered difficulty when preparing for trial and mediation.

RM
Rodney M.

Excellent presentation

DZ
Donald Z.

AN EXCELLENT presentation

TS
Taryn S.

This presentation was great. I will review again.

EH
Elaine H.

Excellent

RW
Rodrick W.

one of the most thorough CLE presentations that I have ever seen! i wouldn't want to be on the other side of the table with Mr. Genis :) Amazing job!

LK
Larry K.

Wonderful seminar and great speaker

RM
Robert M.

Hilarious. He teaches by multiple examples, which in this case was very effective. He's a very good instructor.

AW
Andre W.

Excellent!

RS
Richard S.

One of the best presentations I've seen on cross exam!

DK
Daniel K.

This course is clear and well-structured presentation of the main issues and strategies.

HR
Harold R.

Excellent presentation

EG
Eve-Lynn G.

Excellent speaker/attorney.

PW
Patrick W.

If only cross of an opponent expert was that easy! Lots of good tips.

JR
James R.

Outstanding

CB
Cynthia B.

I could have listened all day. Excellent!

WB
Wayne B.

Excellent speaker. He knows his stuff!

KN
kulsoom n.

great speaker, great presentation.

MY
Maria Y.

Great speaker. Appreciated information in the slides.

FS
Frances S.

He was amazing. Should be required viewing for anyone who tries cases, no matter how experienced they are.

TH
Theresa H.

Presenter was excellent. Provided great information on subject and process.

MR
Mark R.

really practical stuff valuable even to the Old Dogs

JO
Jeffrey O.

Amazing!

BS
Boris S.

Excellent instructor.

AW
Andrietta W.

Excellent presentation in every respect, extremely informative, interesting and entertaining.

LR
Luis F. R.

Excellent course, excellent instructor

MW
michael w.

very much enjoyed this program.

JA
Jason A.

Excellent!!

JP
Judith P.

I'll never do this, but wow, this was a riveting presentation, I really enjoyed it. It was fun,

JN
John N.

Stressing the importance of PREPARATION in getting the defense witness to support your case before beginning the process of taking apart his credibility.

EL
Eduardo L.

Excellent presentation and content

JR
James R.

The best presentation on Lawline in five years

TM
Thomas M.

Speaker shares extensive lessons from experience. I am a seasoned litigator and still learned several techniques that I will consistently employ.

SK
Susan K.

very practical advice----refreshing

DW
Donna W.

Phenomenal instructor--excellent materials and dynamic presentation.

GW
Gerald K W.

One of the best

JK
John K.

Highly effective strategies and skills provided in a very clear and entertaining manner. Excellent presentation in all respects.

BW
Brian W.

This is the best CLE I have watched on lawline.com. I HIGHLY recommend it.

DW
David W.

Awesome. Great information. Well presented. Helpful.

DB
David B.

clever and insightful view of this area.

RL
Ryan L.

Very informative and helpful video.

SL
Sharon L.

EXCELLENT.

HM
Heather M.

Outstanding. Interesting and practical.

DW
Derek W.

Best CE I have viewed on law line to date.

MJ
Marcela J.

Outstanding speaker.

PM
Paul M.

Outstanding.

RK
Ralph K.

well presented

BK
BENJAMIN K.

excellent

JL
Joan L.

Truly exceptional presentation!!!! Highly recommend.

CL
christian l.

excellent!

EW
Eliot W.

Great presentation with much substance and utility.

NH
Nancy H.

Excellent presentarion

JS
Juliana S.

This is easily the best seminar out of the offered CLE classes. Speaker is engaging, on point, and thorough.

GS
Gerard S.

Excellent, pragmatic and crystal clear.

CT
Chris T.

This is a good course for cross examining a Defendant's doctor in a personal injury case.

AK
Anne K.

great course!!

JP
Jerome P.

He KNOWS what he is talking about - OUTSTANDING!

CL
Christine L.

Excellent program!

KK
karen k.

excellent

JK
Jeffrey K.

Very effective course.

JK
Jacqueline K.

Best presentation I have seen for CLE credit.

AH
Ammarentia H.

Informative, worthwhile and enjoyable.

GP
Georgian P.

Excellent! Very Informative!

RH
Ray H.

good

JS
Jerry S.

excellant

MN
Matthew N.

Great strategy suggestions.

EA
Elic A.

Outstanding

DA
Daniel A.

Excellent

GG
Gregory G.

Excellent. Entertaining as always.

SH
Steven H.

Great presentation

JM
James M.

Outstanding presenter!

RD
Robert D.

very knowledgable

LL
Laura L.

My practice area and I learned so much.

GD
Genevieve D.

Outstanding - I don't practice in this area but it was an excellent, attention-keeping presentation.

AG
Andreas G.

Excellent and thorough presentation!

PG
Peter G.

Excellent.

EC
Edgar P C.

outstanding

KM
karen m.

By far the most useful and organized Lawline course I've viewed. Outstanding.

MK
Marc K.

Fantastic, relevant, and useful.

MK
Michael K.

excellent presentation

MH
Michael H.

Excellent and very useful info.

CG
Clifford G.

i have the cross of a "negative defense medical examination physician" coming up. Timing is everything. i think this is one of the best CLE programs i've ever attended.

PM
patrick m.

very informative

EB
Edward B.

Excellent

LH
lester h.

THE BEST SEMINAR IN THE COURSES I HAVE TAKEN THUS FAR.

GS
George S.

Every time I have seen a course by Genis, I have learned from him.

SJ
Stuart I. J.

THIS MAN WAS INTERESTING AND INFORMATIVE

BG
bruce g.

outstanding

EG
Elina G.

great presentation - really helpful that actual questions, etc were presented with examples

SH
Sanaa H.

very informative

AP
Alan P.

Very helpful and interesting and relevant.

EL
Edmond L.

Excellent Presenter!!

TW
Thurman W.

Good webinar. Useful for overall trial technique and strategy beyond just medical malpractice cross-exam. Excellent instructor.

RG
Rebecca G.

Quality materials.

VM
vito m.

Excellent speaker and great useful substance.

RB
Roger B.

great

KP
klary p.

very informative. excellent presentation

JA
Jeffrey A.

Bob Genis is one of the most thorough lecturers I have ever heard speak. In fact, this was much more than a lecture. It was if he he brought you into the courtroom with him while he was conducting a trial. Highly recommend.

DE
David E.

this was a very helpful lecture.

RA
Robert A.

Excellent

KD
Karen D.

The material was presented in a very concise yet logical manner.

HG
Howard J. G.

Brings Bronx street smarts to the art of cross-examination.

HA
Henry A.

Best internet program I have seen

RB
Richard B.

This may be the best CLE course I have taken

JC
Joseph C.

Best course I have ever heard.

SG
Steve G.

This guy loves rthe law...

MG
Mary Jo G.

it gives the plaintiff perspective well.

PM
Patrick M.

Excellent presentation.

RZ
Roger Z.

Excellent. Top notch speaker.

ML
moses l.

very enjoyable

DK
Donald K.

This speaker was terrific, and I will require my young associates to watch this one.

MG
Maggie G.

Outstanding presentation!

RK
Raymond K.

Great presentation, fascinating examples of cross-examination.

HG
Henry G.

One of the very finest presentations I have seen to date on Lawline.

LS
Lawrence S.

I thought the speaker was well versed and informative.

JS
James S.

Great speaker. Hope he does future courses

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