Refrain From Asking Open-Ended Questions - Cross-Examining Psych Doctors, Tip #91

During cross-examination of a psych doctor, the attorney can ask questions in a variety of ways.  One strategy to avoid when questioning the psych doctor is asking open-ended questions.  An example of an open-ended question used during cross-examination of a psych doctor is, Doctor, you mentioned that the patient complained of depression. Will you please tell me about the patient’s depression at the time of your examination?  Questioning the doctor in this manner opens the proverbial door for the doctor to provide information that is not in his or her report that could conceivably support their conclusions.  Obviously, the information provided by the doctor’s response may or may not be correct for a variety of reasons and it would be difficult to verify that information.  A recommended alternative is to ask questions that are directed at the doctor’s report.  For example, Doctor, will you please tell me where in your report you stated the frequency of the patient’s symptom of depression or how often the depression occurs?  Questioning the doctor using this method will help expose the report’s lack of evidence supporting the doctor’s diagnosis.