What Risk Managers Need to Know about Plaintiffs' Reptile Strategy

Hospital personnel, managing officers, staff physicians, and administrative personnel are frequently subpoenaed to give deposition testimony, both in cases where the institution is a party and in those where it is not yet involved. By this point in time, most health care risk managers have likely heard of the "Reptile" approach to depositions and litigation being employed by plaintiff attorneys nationwide. But risk managers need to know how to help prepare hospital personnel to face this tactic. Simply meeting once with the hospital's attorneys for routine depo prep is not enough. Risk managers need to understand the tactics and should become an active participant in this preparation, with the realization that this approach will be used frequently in the coming years. A simple slip by a hospital employee in a deposition in which the "Reptile" approach is used is enough to cost the hospital or health care organization millions of dollars in damages.

Objectives:

• • Discuss the plaintiffs' "Reptile" tactic to litigation.
• • Identify healthcare organization personnel who may be vulnerable to Reptile attacks.
• •  State how healthcare witnesses can prepare to face Reptile tactics in depositions.

Presenter:
J. Thaddeus Eckenrode

Question? Contact ASHRM@aha.org