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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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The family MD does not make the determination, a psychiatrist or neurologist is the only opinion a Judge will respect. You are involved in litigation. Any contact with any witness would be considered tampering, intimidating, harassment etc. and would make the Judge very unhappy. Even if the FACTS of the case are in your favor, if you tamper with witnesses the JUDGE will have your head on a platter. You will lose the suit simply by NOT FOLLOWING legal procedure. That's right!!! You can be 100% right and lose by stupidity by not following the rules of the court for proper procedure. Your sibling is waiting for you to jump and make a stupid mistake. Now how shall you proceed?
Stern you keep your mouth shut and your eyes open. Deposition is not cross-examination. There is no way in H*ll a Judge will allow you to cross-examine anyone. Listen to your attorney and I hope to Heaven you have one.
First, Pam is absolutely right; you have no business contacting the physician who made the dementia diagnosis. If you plan a legal challenge, leave this up to your attorney. He/she has far more experience as well as the credentials to handle this. Cross-examination is not for the legally uninitiated.
Second, ShakingDust, it's my understanding from an Alzheimer's social worker that autopsy was in fact the only to prove Alzheimers. However, more recently, a method has been developed to diagnose while someone is still alive.
I'd have to check my notes for certain, but I believe it was through a spinal tap. That's based on recollection, not on what I wrote down while taking the course. I do remember the test had something to do with the spine.
PStern, I don't intend to insult your understanding of legal procedures, but have you ever been in a deposition? I assume you're anticipating this in the discovery phase of a lawsuit, which presumably has been initiated by your brother's attorney and will be attended by your attorney.
I used to be a court reporter and covered a few depositions. Both attorneys are present to question a witness; everything is recorded by a court reporter unless attorneys stipulate it will be "off the record."
This is usually done in one of the attorney's offices, unless depositions have different meanings in your state. From Pam's comment, it might be that depositions in NY have a different meaning and occur in court rather than in private facilities.
The doctor would be questioned by your attorney, who, if he doesn't know what questions to ask, shouldn't be handling that kind of case.
Experienced attorneys know how to pose questions to trap the deponent and get the answers they want. Questions on criteria for diagnosing dementia should be developed by experienced medical malpractice attorneys.
I understand that you want to ensure the right questions are asked but I really and strongly urge you to allow your attorney to handle this. Lawsuits can be legal and personal minefields and you should have someone in whom you have confidence.
Pam and Garden are both right. Have a GOOD lawyer and listen to him (or her), and keep your mouth closed. Let the facts play out under the rules of law. My brother is a top attorney on LI and I follow some of his cases. ( Better than TV) I have seen justice go down the drain by a few words spoken out of place. Let the lawyer do their job and keep quiet. good luck!
I have been deposed as an expert witness for the government in a lawsuit. It's not fun. I have the feeling that our poster is intending to conduct the deposition herself. If so, disaster awaits. If an attorney will be doing it I think that the attorney would be distressed (!!!) to know his client is posting questions like this.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
You are involved in litigation. Any contact with any witness would be considered tampering, intimidating, harassment etc. and would make the Judge very unhappy.
Even if the FACTS of the case are in your favor, if you tamper with witnesses the JUDGE will have your head on a platter. You will lose the suit simply by NOT FOLLOWING legal procedure. That's right!!! You can be 100% right and lose by stupidity by not following the rules of the court for proper procedure.
Your sibling is waiting for you to jump and make a stupid mistake.
Now how shall you proceed?
First, Pam is absolutely right; you have no business contacting the physician who made the dementia diagnosis. If you plan a legal challenge, leave this up to your attorney. He/she has far more experience as well as the credentials to handle this. Cross-examination is not for the legally uninitiated.
Second, ShakingDust, it's my understanding from an Alzheimer's social worker that autopsy was in fact the only to prove Alzheimers. However, more recently, a method has been developed to diagnose while someone is still alive.
I'd have to check my notes for certain, but I believe it was through a spinal tap. That's based on recollection, not on what I wrote down while taking the course. I do remember the test had something to do with the spine.
I used to be a court reporter and covered a few depositions. Both attorneys are present to question a witness; everything is recorded by a court reporter unless attorneys stipulate it will be "off the record."
This is usually done in one of the attorney's offices, unless depositions have different meanings in your state. From Pam's comment, it might be that depositions in NY have a different meaning and occur in court rather than in private facilities.
The doctor would be questioned by your attorney, who, if he doesn't know what questions to ask, shouldn't be handling that kind of case.
Experienced attorneys know how to pose questions to trap the deponent and get the answers they want. Questions on criteria for diagnosing dementia should be developed by experienced medical malpractice attorneys.
I understand that you want to ensure the right questions are asked but I really and strongly urge you to allow your attorney to handle this. Lawsuits can be legal and personal minefields and you should have someone in whom you have confidence.
I have seen justice go down the drain by a few words spoken out of place. Let the lawyer do their job and keep quiet. good luck!