Case Study: Liu Deposition Transcript

This case study presents a deposition transcript from a medical malpractice lawsuit. The transcript details the testimony of Dr. Anna Liu, a dermatologist who was present during a medical procedure where a patient, Nicolette Brand, experienced respiratory distress. Dr. Liu's testimony focuses on her presence at the Refresh Medical Spa, her relationship with the other defendants, and her actions during the emergency. The transcript highlights the events leading up to the tracheotomy performed on Ms. Brand, Dr. Liu's role in assisting Dr. Golden, and her perspective on the necessity of the procedure. The questions posed by the plaintiff's attorney aim to establish Dr. Liu's involvement and potential liability in the incident. The case study provides a valuable opportunity to analyze legal concepts, witness testimony, and the complexities of medical malpractice litigation.

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
NICOLETTE BRAND, an individual,
Plaintiff,
vs.
REFRESH MEDICAL SPA, et al,
Defendants.
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Case No.: 14-3-456789-1
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA
LIU, M.D.
Deposition of ANNA LIU, M.D., taken by the Plaintiff before Judy Doe, Certified
Shorthand Reporter, commencing at 10:00 a.m., Friday, August 19, 2016, at the Law
Offices of Greene & Jin, San Diego, California.
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA LIU
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APPEARANCES
For the Plaintiff: Erin Nordstrom
Attorney at Law
(Attorney for Nicolette Brand)
For the Defendants: Thomas Kay
Attorney at Law
(Attorney for Defendant Anna Liu)
Marlin Ling
Attorney at Law
(Attorney for Defendant Ronald Golden)
Shirley Cunningham
Attorney at Law
(Attorney for Defendant Refresh Medical Spa)
Matthew Macias
Attorney at Law
(Attorney for Defendant Lorene Black)
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA LIU
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[OPENING REMARKS AND ADMONISHMENTS OMITTED]…
MS. NORDSTROM: Please state your name for the record.
DR. LIU: My name is Anna Liu.
MS. NORDSTROM: Are you a licensed physician?
DR. LIU: I am a licensed physician in the State of California.
MS. NORDSTROM: What type of medicine do you practice?
DR. LIU: I am a dermatologist. I specialize in skin cancer detection and
removal, and I also do cosmetic dermatology work.
MS. NORDSTROM: Where is your practice located?
DR. LIU: At this time I am working at the Refresh Medical Spa.
MS. NORDSTROM: How long have you been working at the Refresh Medical Spa?
DR. LIU: I have been working there for about five months.
MS. NORDSTROM: At the time of the incident in this lawsuit, where were you
working?
DR. LIU: My practice was at St. Mary’s Hospital, here in San Diego.
MS. NORDSTROM: Were you present at the Refresh Medical Spa on April 10th of this
year?
DR. LIU: Yes I was.
MS. NORDSTROM: What were you doing there?
DR. LIU: I was touring the Spa as I was deciding whether to become a
partner-physician at the Spa. I had been invited to join the practice. I knew many
of the physicians who worked there, but I wasn’t sure about leaving St. Mary’s.
MS. NORDSTROM: Are you now a partner at Refresh Medical Spa?
DR. LIU: Yes I am.
MS. NORDSTROM: Does that mean you are an owner of Refresh Medical Spa?
DR. LIU: Yes. I have had an ownership interest in the Spa since April 17th
of this year.
/ / /
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA LIU
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MS. NORDSTROM: Do you recall the day of April 10th of this year when you
assisted Dr. Golden in performing a tracheotomy?
DR. LIU: Yes. I was touring the Spa.
MS. NORDSTROM: What happened when you were touring the Refresh Medical Spa on
April 10th?
DR. LIU: I was touring the facilities and was going to be meeting with Dr.
Chang, the CEO of the Spa, and I was also going to have lunch with some of the other
owner-physicians. I was looking over the rooms and the operating facilities and just
getting the feel of the place.
MS. NORDSTROM: Can you tell me why you were helping Dr. Golden with Ms. Brand’s
procedure?
DR. LIU: Well, I wasn’t helping Dr. Golden. I wasn’t there to work. I was
just touring the facility. I know Dr. Golden very well. He and I were in medical
school together, and I have a lot of respect for the work he does. He is a good
doctor. I have referred many patients to him for cosmetic work.
MS. NORDSTROM: Dr. Golden is a plastic surgeon?
DR. LIU: Yes he is. As a dermatologist, I see many patients for both
medical issues and cosmetic issues. When they need a surgeon for a medical procedure
that involves their face, like the removal of cancerous tissue, or for surgical
cosmetic work, I often refer to Dr. Golden or other doctors, depending on what is
needed.
MS. NORDSTROM: How many patients have you referred to Dr. Golden?
DR. LIU: Well, I don’t really keep count you know. Maybe about fifteen
over ten years of practice.
MS. NORDSTROM: How many patients have you referred to other doctors?
DR. LIU: Oh at least thirty to forty other patients. It depends on their
needs. It depends if they need cosmetic work, or therapy, or…
MS. NORDSTROM: Why did Dr. Golden call you in to Ms. Brand’s procedure?
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA LIU
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DR. LIU: Well, Nicolette is a neighbor of mine. I actually knew she had
been scheduled for surgery that day.
MS. NORDSTROM: Is Ms. Brand a patient of yours?
DR. LIU: No, she is not. I have never treated her. I did treat her son
Jimmie. A few years ago, he contracted a bad case of warts which his pediatrician was
unable to resolve, so Nicolette – Ms. Brand – brought Jimmie in to see me.
MS. NORDSTROM: When was this?
DR. LIU: Oh, about two or three years ago. I would have to check my
records.
MS. NORDSTROM: And you have not treated him since then?
DR. LIU: No. My treatment of his problem was successful – the warts
disappeared after I froze them off – and there was no need for follow up care.
MS. NORDSTROM: And you never treated Ms. Brand?
DR. LIU: No. She was never my patient.
MS. NORDSTROM: Did you ever discuss medical issues with her?
DR. LIU: Well, on a casual basis. At our neighborhood block party last
year, she spoke to me about having some cosmetic work done on her face, and I
mentioned I was thinking of joining the Refresh Medical Spa and suggested she consult
with the surgeons there as they have a good reputation.
MS. NORDSTROM: So Ms. Brand was at the Refresh Medical Spa because of you?
DR. LIU: Oh no. I recommended two other cosmetic surgeons as well. But I
did know that her final choice was to go to Dr. Golden.
MS. NORDSTROM: Did Dr. Golden know that you had recommended Ms. Brand to him?
DR. LIU: I believe he did. Dr. Golden and I often refer patients to one
another because we respect each other’s work.
MS. NORDSTROM: Have you ever assisted Dr. Golden on any procedures?
DR. LIU: Assisted? No. I have never actually worked with Dr. Golden. I
have just referred patients to him when they express a desire or need for surgery.
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA LIU
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MS. NORDSTROM: How did you know that Ms. Brand was going to be at the Refresh
Medical Spa on April 10th?
DR. LIU: Well, as I said, when I was touring the Spa, Dr. Golden saw me and
mentioned that he was performing an elective cosmetic procedure on Nicolette that day.
He asked me to stop by during the procedure because apparently Nicolette had told him
that she had a suspicious mark on her skin that Dr. Golden wanted me to look at. He
thought it might be some squamous cancer cells and wanted to see what I thought. If
he removed the patch of skin at the same time as the surgery, there would likely be
less scarring.
MS. NORDSTROM: Did you see Ms. Brand on April 10th when you were touring the
Refresh Medical Spa?
DR. LIU: Yes I did. I was in the corridor outside the operating room
talking to Dr. Chang about room space. I knew that Dr. Golden was working on
Nicolette as I said he had asked me to stop by. I heard Dr. Golden calling for help.
Apparently Nicolette was having a bad reaction to the anesthesia and was not breathing
well on her own at all. The surgical nurse was trying to help, but Dr. Golden yelled
out for more help so Dr. Chang and I ran into the room to see what I could do.
MS. NORDSTROM: And what did you do?
DR. LIU: Well, it was a little confusing in the room. There was a broken
syringe and liquid medicine on the floor that the surgical nurse, Lorene Black, was
trying to clean up as the floor was slippery, and Dr. Golden was trying to hold down
Nicolette who seemed very agitated. Dr. Golden yelled that he needed to do a
tracheotomy on Nicolette because her air passages were closing down. He asked me to
hold down Nicolette while he performed the procedure.
MS. NORDSTROM: And did you do as he asked? Did you think it was necessary to
hold down Ms. Brand for a tracheotomy?
MR. KAY: Objection. Compound question. Answer if you can.
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA LIU
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DR. LIU: Well Dr. Golden clearly felt at that time that the situation was
so bad that Nicolette needed a tracheotomy. I was not the operating physician, and it
was not my duty to make decisions. I assisted Dr. Golden in holding down Nicolette so
the tracheotomy tube could be safely inserted.
MS. NORDSTROM: Did you think Ms. Brand needed a tracheotomy?
DR. LIU: When I ran into the room, Nicolette was turning blue indicating
that she was in severe respiratory arrest. I was not present before this happened and
so I was relying on Dr. Golden’s assessment of the situation. It seemed clear to him
that an emergency existed and so I responded accordingly. He asked for help and I
helped him. I was trying to save Nicolette’s life.
MS. NORDSTROM: Do you believe that a tracheotomy was necessary?
MR. KAY: Asked and answered. You can answer if you want.
DR. LIU: At the time, I was trying to save Nicolette’s life and was
following Dr. Golden’s instructions. I am sorry that Nicolette ended up with some
scarring on her neck, but I would be more sorry if she ended up dead because of…
MS. NORDSTROM: Just answer the question please Dr. Liu. Now, I’d like to ask
you some questions about your medical malpractice insurance
…
[REMAINING DEPOSITION TRANSCRIPT OMITTED]
DEPOSITION TRANSCRIPT OF DEFENDANT ANNA LIU
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