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State of Ohio, 2 County of Mahoning 3 4 IN THE COURT OF COMMON PLEAS 5 DARRYL R MERKEL, 7 Plaintiff, Case No 87-CV-1860 VS 9 ATHANASIOS DKASAMIAS, MD, 10 Defendant 12 DEPOSITION OF JAMES BRODELL, MD 1:3 FRIDAY, DECEMBER 9, 1988 14 15 The deposition of James Brodell, MD, a witness herein, 16 called by the plaintiff for examination under the Ohio 17 Rules of Civil Procedure, taken before me, Ivy J Gantverg, 18 Registered Professional Reporter and Notary Public in and 19 for the State of Ohio, by agreement of counsel, and without 20 further notice or other legal formalities, at 21 2614 East Market Street, Warren, Ohio, commencing at 22 5:00 PM, on the day and date above set forth 23 - - - 24 25 Morse, Gantverg & Hodge Registered Professimial Reporters 750 Leader Builditig, Cleveland, Oluo 44714 216-771-3350 1 2 3 4 5 6 7 8 9 W I 1 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 Morse, Cantverg & Hodge Registered Professional Reporters 750 Leader Building, CleVeland, Ohio 44114 216-771-3350 2 APPEARANCES: 2 On behalf of the Plaintiff: 3 Howard Mishkind, Esq 4 Weisman, Goldberg, Weisman & Kaufman 540 Leader Building 5 Cleveland, Ohio 44114 On behalf of the Defendant: 6 7 Marshall D Buck, Esq Comstock, Springer & Wilson 8 926 City Centre One P 0 Box 6306 9 Youngstown, Ohio 44501 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Morse, Gantverg & Hodge Registered Professional Reporters 750 Leader Bifilding, Clez,eland, 01iio 44114 216-771-3350 3 JAMES BRODELL, MD 2 a witness herein,called by the plaintiff for examination 3 under the Rules, having been first duly sworn, as hereinafte: 4 certified, was deposed and said as follows: 5 CROSS-EXAMINATION 6 BY MR MISHKIND: 7 Q Would you state your name, please? 8 IL James David Brodell 9 Q Dr Brodell, do you have a CV, a curriculum vitae? 10 A Yes 11 Q Do you have it accessible? 12 A Yes It is coming 13 (Thereupon, discussion was had off the 14 record) 15 Q Doctor, you have handed me a curriculum vitae which 16 has a 1987 date in the upper left-hand corner 17 Offhand, can you tell me whether there are any 18 additions or deletions that should be made by way of publica- 19 tions or professional associations? 20 A Nothing major 21 Q Can you think of any articles that you have written 22 that aren't reflected? 23 A I don't think so 24 Q What hospitals are you affiliated with? 25 A The majority of my clinical time is spent at Trumbull Morse, Gantverg & Hodge Registered Professional Relyorters 750 Leader Bialding, Cleveland, 01iio 44114 216-771-3350 4 1 Memorial Hospital, which is a community hospital just down 2 the road from here 3 I also have consulting privileges at St Joseph's 4 Riverside Hospital, another community hospital; privileges 5 at a couple of Youngstown Hospitals, but I rarely, if ever, 6 go over there; and I have sort of a ceremonial consulting 7 type appointment up at University Hospitals in Cleveland 8 Q What type of position is that up at University 9 Hospitals? 'O A I am considered to be an assistant clinical professor 11 of orthopedics, so going along with that is a privilege at 12 University Hospitals, which I think I would be considered to 13 have courtesy privileges 14 Q Your practice here in the Warren area, is it 15 general orthopedic surgery? 16 A Yes 17 Q Do you have any area of specialization within the 18 area of orthopedic surgery? 19 A I have an interest and spend quite a bit of time on 20 sports-related matters, but I handle the broad spectrum 21 So as you mentioned, I think a general orthopedic practice 22 would be appropriate 23 Q In your curriculum vitae and the publications 24 referenced in there, I don't see any specific writings that 25 would pertain to anterior cruciate ligament injuries; is that Morse, Gantverg & Hodge Registered Professional Reporters 750 Leader Bitilding, Cleveland, O@Ijo 44114 216-771-3350 5 correct? 2 A Yes 3 Q Have you written anything that might not be reflected 4 in your CV pertaining to anterior or posterior cruciate 5 ligament injuries? 6 A No 7 Q Or any disruption of the anterior or the posterior s cruciate ligaments? 9 A No W Q Have you written anything relative to osteogensis 11 imperfecta? 12 A No 13 Q Doctor, in your practice as an orthopedic surgeon, 14 have you been called on in the past, other than this case, 15 to review medical negligence claims? 16 A Yes 17 Q Excluding this case,
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